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- 6 - <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 /> <br />13. NON-LIABILITY OF OFFICIALS AND EMPLOYEES. <br /> <br />No official, employee, attorney, or agent of City shall be personally liable for any <br />term, condition, breach, default, or liability under this Agreement. <br /> <br />14. WAIVER. <br /> <br />The waiver by either party of any term or condition of this Agreement or any <br />breach of this Agreement shall not constitute a continuing waiver or a waiver of any <br />subsequent breach of either the same or a different provision of this Agreement. All <br />waivers shall be in writing. <br /> <br />15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. <br /> <br />The City Council, by resolution, shall fix any other terms and conditions of <br />employment, as it may determine from time to time, relating to the performance of <br />Manager, provided such terms and conditions are not inconsistent with provisions of this <br />Agreement or law. <br /> <br />16. GENERAL EXPENSE. <br /> <br />City recognizes and agrees to pay the job-related expenses incurred by Manager <br />in the course of her duties as approved by the City Council. <br /> <br />17. NOTICES. <br /> <br />Notices pursuant to this Agreement shall be given by deposit in the custody of <br />the United States Postal Service, postage prepaid. Alternatively, notices required <br />pursuant to this Agreement may be personally served in the same manner as is <br />applicable to civil judicial proceedings. Notice shall be deemed given as of the date of <br />personal service or as of the date of deposit of such written notice in the course of <br />transmission in the United States Postal Service to the addresses set out below or as <br />subsequently communicated by one party to the other in writing: <br /> <br />To City: City Council <br />City of San Leandro