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- 4 - <br />inability of the City to effectuate such requirements shall not constitute a <br />breach of this Agreement. <br /> <br />8. RESIGNATION AND TERMINATION. <br /> <br />a. Nothing in this Agreement shall prevent, limit or otherwise interfere with <br />the right of Manager to resign at any time from her position as City <br />Manager with City. Manager may terminate this Agreement by submitting <br />written notice of her resignation to City. Manager shall give City sixty (60) <br />days written notice of her intention to resign. If Manager resigns her <br />employment with the City, she shall not be entitled to any severance pay <br />nor continued compensation and benefits, except as otherwise required <br />under state or federal law. <br /> <br />b. Manager serves at the pleasure of City and nothing herein shall be taken <br />to prevent, limit, or otherwise interfere with the right of City to terminate <br />the services of Manager, with or without cause, and with or without prior <br />notice. There is no express or implied promise made to Manager for any <br />form of continued employment. This Agreement is the sole and exclusive <br />basis for an employment relationship between Manager and City. <br />Manager expressly waives any claim or right under contrary law. It is <br />expressly understood that termination may occur upon a 5/7th vote of the <br />City Council, provided that the provisions of San Leandro City Charter <br />Section 400 are followed. <br /> <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 this Agreement without <br />providing sixty (60) days written notice before the end of the term, <br />Manager shall receive a severance payment equal to her base salary and <br />medical and dental insurance coverage for a period of six (6) months. <br />There is no express or implied promise made to Manager for any form of <br />continued employment as the City Manager. <br /> <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