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• B. This agreement may be renewed for an additional term beginning May 1, 2011 by mutual written agreement of the parties. In the event that Council decides not to renew, the agreement shall expire as of May 1, 2011 and the City shall be obligated for payments to the Manager as set forth in Section 7 (A) below. SECTION 3. TERMINATION BY MANAGER This agreement may be terminated by the Manager during its term or any renewal thereof by giving the City Council ninety (90) days written notice. In that event, the Manager's annual salary and other benefits shall be pro -rated as of the termination date, he shall be paid for his accrued annual leave, and the City shall have no further obligations under this agreement. SECTION 4. TERMINATION BY CITY COUNCIL A. Nothing contained in this agreement shall impair the right of the City Council to terminate the employment of the Manager pursuant to section 7 (B), below, at Council's sole discretion, without any formal investigation or hearing and without stating charges or complaints against the Manager, provided that in the event of such termination by City Council, the City shall be liable to the Manager for the payment on termination • described in Section 7(B) below. B. City Council may terminate or decline to renew the Manager's employment without incurring liability for the payments described in Section 7 below at any time after the Manager has been convicted of any criminal offense other than misdemeanor traffic offenses. In the event the Manager is charged with such a criminal offense during the term of this agreement, the Council may, in its sole discretion, suspend the Manager, with or without pay, pending final resolution of such criminal charge. SECTION 5. TERMINATION ON DISABILITY OR DEATH A. If the Manager becomes permanently disabled, or if he is unable to perform his duties because of sickness, accident, injury or mental incapacity for a period of four successive weeks beyond the expiration of any accrued sick leave, City Council may terminate this agreement, without incurring the termination pay obligation described in Section 7; and B. If the agreement is terminated by the death of the Manager, the City shall not incur any additional pay obligations, but shall remain obligated for the payment of any insurance, pension or other benefits payable to the Manager's heirs, assigns or estate. 0 2