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13. Performance Evaluations <br /> The City Council shall review and evaluate the performance of Manager at least once <br /> every year. At the time of each evaluation, performance goals shall be discussed that will be <br /> used to assist in the evaluation of Manager's performance in the future. Manager will timely <br /> place on the City Council agenda each year or as otherwise directed by the City Council, a <br /> "closed session" for the purpose of the performance evaluation. <br /> 14. Miscellaneous <br /> a. The text herein shall constitute the entire agreement between the parties. This <br /> Agreement supersedes all prior oral or written agreements or amendments thereto. This <br /> Agreement may not be modified, except by written agreement executed by both parties. <br /> b. If any provisions, or any portion thereof, contained in this Agreement is held <br /> unconstitutional,invalid, or unenforceable, the remainder of this Agreement, or portion thereof, <br /> shall be deemed severable, shall not be affected, and shall remain in full force and effect. <br /> c. This Agreement shall be governed by the laws of the State of California. <br /> d. The parties agree that any ambiguity in this Agreement shall not be construed or <br /> interpreted against, or in favor of, either party. <br /> e. This Agreement may be executed in counterparts containing original signatures. <br /> f. For reference purposes only, attached hereto is an all-inclusive annual <br /> compensation schedule coincident to the term of this Agreement. <br /> IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on <br /> its behalf by its Mayor and duly attested by its City Clerk, and Manager has signed and executed <br /> this Agreement, on the day and year written below. <br /> [Signatures on Next Page] <br /> 8 <br />