Employment_Agreement_Police_Chief_-_A._Averiett_SIGNED

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Agreement for Employment of Police Chief Between the City of San Leandro and Angela Averiett Page 4 of 5 The City agrees that it shall defend, hold harmless, and indemnify the CHIEF from all demands, claims, suits, actions, errors, or other omissions in legal proceedings, whether groundless or otherwise, brought against the CHIEF in her individual capacity or in her official capacity, provided the incident arose while the CHIEF was acting within the scope of her employment, in accordance with the provisions of California Government Code Section 825. The City will provide a defense in accordance with Government Code Sections 995 – 999.6. The City may decline to defend and/or indemnify Employee only as permitted by the California Government Code. 8. Miscellaneous a. The text herein shall constitute the entire agreement between the Parties. This Agreement may not be modified, except by written agreement executed by both Parties. b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. c. This Agreement shall be governed by the laws of the State of California. d. The Parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. e. This Agreement may be executed in counterparts containing original signatures. 9. Notices Notices pursuant to this Agreement shall be in writing and served by mail via the United States Postal Service, first class postage prepaid, addressed as follows: a. The CITY: City Manager City of San Leandro Civic Center 835 East 14th Street San Leandro, California 94577 b. CHIEF: Angela Averiett Address on File Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of mailing of such written notice, postage prepaid, with the United States Postal Service. IN WITNESS WHEREOF, the CITY has caused this Agreement to be signed and executed in its behalf by its City Manager, and CHIEF has signed and executed this Agreement, on the day and year written below.