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4. TERM. <br />a. The term of this Agreement shall commence on ____________, and will <br />continue for three years until _____________ or until terminated by either <br />party in accordance with the provisions set forth in Paragraph 8 or until <br />terminated by the event of the death or permanent disability of Manager. <br />b. Manager agrees to remain in the exclusive employment of City during the <br />term of this Agreement and not to be otherwise employed during the term <br />of this Agreement. The term “employed,” however, shall not be construed <br />to include occasional teaching, writing, speaking or consulting performed <br />on personal time off. <br />5. HOURS OF WORK. <br />Manager shall be an exempt employee under the Fair Labor Standards Act <br />(FLSA) and shall not receive overtime or extra compensation for work performed <br />outside of normal City business/office hours. Manager is appointed to manage <br />the City’s business with twenty-four hour and seven days a week responsibility <br />and is expected to devote necessary time outside normal office hours to the <br />business of the City. Thus, Manager’s schedule of work each day and week may <br />vary in response to the requirements of the work to be performed. However, <br />Manager is expected to spend sufficient hours at San Leandro City Hall to <br />perform his duties. City shall provide Manager, at City’s cost and expense and <br />Manager’s sole discretion to use or accept, any and all equipment, <br />communication devices including a smartphone and tablet, and other implements <br />262