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6.1 G <br /> Page 13 <br /> A. Nothing in this document shall prevent, limit or otherwise <br /> interfere with Employee's right to resign at any time from his <br /> position with City, subject to the provisions of Section 6. <br /> B. The City Council desires that Employee remain in the <br /> exclusive employ of the City and to neither accept other <br /> employment nor to become employed by any other employer <br /> prior to such time. The term "employed" shall not be <br /> construed to include occasional teaching or writing, <br /> performed on the Employee's personal time. <br /> 6. At any time Employee may resign from his employment as City Manager <br /> upon 30 days advance written notice to the City Council. <br /> A. At any time and notwithstanding the above to the contrary, <br /> the City Council may, without cause, terminate Employee's <br /> employment as City Manager by an affirmative vote of five- <br /> sevenths (5/7ths) of all members of the City Council upon <br /> thirty (30) days advance, written notice to the Employee, <br /> provided that: <br /> 1. If Employee is terminated without cause, he shall be <br /> entitled to be paid six (6) months of the base salary <br /> ("severance pay"} at the rate he is earning upon the <br /> effective date of his termination, payable over the <br /> immediately following six (6) month period at the <br /> same time other management employees are paid <br /> their salary, with all mandatory deductions being <br /> withheld. In addition, upon the effective date of <br /> Employee's termination pursuant to Section 6(B) or as <br /> otherwise specified in Exhibit A, at City's option, he <br /> shall be paid the value of accrued benefits as though <br /> he were a non- retiring, separating employee. <br /> B. With thirty (30) days advance written notice, Employee's <br /> employment may be terminated for any of the reasons stated <br /> below. If Employee is terminated for any of the causes <br /> specified below, he shall not be entitled to severance pay: <br /> 1. Intentional or willful failure to perform his lawful duties <br /> as prescribed in the City's Charter, Municipal Code <br /> and regulations or as assigned to him by a majority of <br /> the Council; <br /> 2. his death; <br /> AttylAgr/2008.035 <br /> 052108 2 <br />