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b. The City Council may terminate this Agreement and Manager's employment with <br />the City with or without cause at any time. For purposes of this Agreement, the phrases "for <br />cause" or "with cause" relate only to Manager's potential entitlement to severance, and do not <br />alter his at -will employment status. Pursuant to California Government Code section 53243.2, <br />regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement <br />related to the termination that Manager may receive from City shall be fully reimbursed to the <br />City if Manager is convicted of a crime involving an abuse of his or her office or position. <br />C. In the event City terminates Manager's employment without cause, the Manager <br />shall be entitled to severance pay of a lump sum payment equal to six (6) months of Annual <br />Base Salary and benefits, as described in Section 7 of this Agreement. Said payment of <br />severance pay shall be conditioned upon Manager signing a waiver and release agreement <br />forever releasing and waiving any and all claims in a form acceptable to the City. Manager shall <br />receive the severance payment in a lump sum payment minus all applicable deductions fifteen <br />(15) business days after execution of the waiver and release agreement. Manager shall not <br />receive any severance payments if such a waiver and release agreement is not executed by the <br />parties. <br />d. Manager shall receive payment for all accrued unused vacation at the time of his <br />separation from employment. <br />e. If Manager is terminated "for cause," the City shall not owe any severance under <br />this Agreement. The determination about whether Manager is terminated "for cause" shall be <br />made in the complete discretion of the City. A termination "for cause" may include, but shall <br />not be limited to, the following: <br />(i) Violation of administrative policies and procedures; <br />(ii) Failure to properly perform assigned duties; <br />(iii) Theft of City property; <br />(iv) Insubordination; <br />(v) Conviction of a felony; <br />(vi) Conviction of a misdemeanor relating to Manager's fitness to perform <br />assigned duties; <br />(vii) Conviction of a crime involving an abuse of office or position, as defined <br />in California Government Code section 53243.4; <br />(viii) Unauthorized absence from employment; <br />(ix) Improper use of City funds; <br />(x) Unauthorized use of City property; <br />3 <br />