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the City Council, provided that the provisions of San Leandro City Charter <br />Section 400 are followed. <br />c. In the event the City terminates Manager’s employment without cause, or <br />the City Council decides to not extend the term of the Agreement without <br />providing two months written notice, Manager shall receive a severance <br />payment of six months’ salary. There is no express or implied promise <br />made to Manager for any form of continued employment as the City <br />Manager. <br />d. Notwithstanding Paragraph 8(c) above, the City shall not be obligated to <br />pay any compensation, benefits, or severance under the provisions of this <br />Agreement if Manager is terminated with cause, including, without <br />limitation, because of a conviction, plea bargain, nolo contendere, or <br />adverse District Attorney, State Attorney General, Grand Jury, or Fair <br />Political Practices Commission determination involving any felony, <br />intentional tort, crime of moral turpitude, or violation of statute or law <br />constituting forfeiture of office, misconduct in office, misuse of public <br />funds, or conflict of interest, or if a majority of the City Council determines <br />or finds that Manager committed willful misconduct or malfeasance, was <br />insubordinate, failed to properly perform assigned duties, improperly used <br />City funds or City property, or other failure of good behavior during or <br />outside of employment such that the Manager’s conduct caused discredit <br />to the City. During the proceedings which may be necessary for City to <br />267