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• Council intends not to renew. In that event the agreement shall <br />expire as of June 30, and the City shall be obligated for the <br />payment on non -renewal described in Section 7(A) below. <br />SECTION 3. TERMINATION BY MANAGER <br />This agreement may be terminated by the Manager during its <br />initial term or any renewal thereof by giving the City Council <br />ninety (90) days' written notice. In that event, the Manager's <br />annual salary and other benefits shall be pro -rated as of the <br />termination date, he shall be paid for his accrued annual leave, <br />and the City shall have no further obligations under this <br />agreement. <br />SECTION 4. TERMINATION BY CITY COUNCIL <br />A. Nothing contained in this agreement shall impair the <br />right of the City Council to terminate the employment of the <br />Manager at any time whatsoever, at Council's sole discretion, <br />without any formal investigation, notice or hearing and without <br />stating charges or complaints against the Manager, provided that in <br />the event of such termination by City Council, the City shall be <br />liable to the Manager for the payment on termination described in <br />Section 7(B) below. <br />• B. City Council may terminate or decline to renew the <br />Manager's employment without incurring liability for the payments <br />described in Section 7 below at any time after the Manager has been <br />convicted of any criminal offense other than misdemeanor traffic <br />offenses. In the event the Manager is charged with such a criminal <br />offense during the term of this agreement, the Council may, in its <br />sole discretion, suspend the Manager, with or without pay, pending <br />final resolution of such criminal charge. <br />SECTION 5. TERMINATION ON DISABILITY OR DEATH <br />In view of the agreement hereinafter stated to provide the <br />Manager with disability insurance and life insurance benefits: <br />A. If the Manager becomes permanently disabled, or if he is <br />unable to perform his duties because of sickness, accident, injury <br />or mental incapacity for a period of four successive weeks beyond <br />the expiration of any accrued sick leave, City Council may <br />terminate this agreement, without incurring the termination pay <br />obligation described in Section 7; and <br />B. If the agreement is terminated by the death of the <br />Manager, the City shall not incur the aforesaid termination pay <br />obligation. <br />0 Page 2 <br />