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- 9 - <br />b. It is further understood and agreed that because of the duties of the City <br />Manager within and on behalf of the City, Manager shall not, during the <br />term of this Agreement, individually, as a partner, joint venturer, officer, or <br />shareholder, invest or participate in any business venture conducting <br />business within the corporate limits of the City, except for stock ownership <br />in any company whose capital stock is publicly held and regularly traded, <br />without prior written consent of the City Council. For and during the term <br />of this Agreement, Manager further agrees, except for a personal <br />residence used as her personal residence, not to invest in any other real <br />estate or property improvements within the corporate limits of the City <br />without the prior written consent of the City Council. <br />12. INDEMNIFICATION. <br />The City shall defend, hold harmless and indemnify Manager against any tort, <br />civil rights, personnel, discrimination, professional liability claim or demand or other <br />legal action, whether groundless or otherwise, arising out of an alleged act or omission <br />occurring in the performance of Manager's duties in accordance with the provisions of <br />California Government Code section 825. The City shall provide a defense in <br />accordance with California Government Code section 995. The City may decline to <br />defend and/or indemnify Manager only as permitted by the California Government <br />Code. The City may compromise and settle any such claim or suit and pay the amount <br />of any settlement or judgment therefrom. <br />13. NON-LIABILITY OF OFFICIALS AND EMPLOYEES. <br />No official, employee, attorney, or agent of City shall be personally liable for any <br />138