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by a lawful decision of the Council, or a breach of this Agreement by the Employee which breach <br /> remains in existence for a period of seven (7) days after the employee is provided notice thereof by <br /> the City or by the Council. <br /> A judgment of conviction by a court of competent jurisdiction shall constitute conclusive <br /> proof of the conduct, act,action, omission,inaction,statement or representation for such purposes, <br /> but the lack of such a judgment of conviction shall not bar or prohibit the City from taking the action <br /> described herein upon the Council's determination of such wrongful conduct, statement or inaction <br /> as the underlying basis for a felony or misdemeanor involving moral turpitude. <br /> (b) For No Cause. By action of the Council through a majority vote of the lawfully <br /> constituted Council, and at any time during the term of this Agreement (or any extension hereof): <br /> (i) the City may terminate the Agreement and the employment of the Employee with the City for <br /> reasons other than those which would constitute "cause" as described within § 9(a) of the <br /> Agreement,and(ii)the City may terminate the Agreement.and the Employee's employment with the <br /> City for any reason or for no reason. However, if, during the term of the Agreement or any during <br /> the term of any extension of the Agreement,the City terminates the Agreement without"cause"as <br /> defined in § 9(a) of the Agreement (as opposed to not renewing the Agreement), the City shall be <br /> liable to the Employee for the separation package described within § 11 of this Agreement. <br /> (c) Non-Renewal. Any action by the City to effectuate the non-renewal of the <br /> Agreement, whether during the initial term or extension thereof, shall not constitute, and shall not <br /> be interpreted or construed to constitute, a termination of the Agreement either for cause or for no <br /> cause under the provisions of this Section of the Agreement. <br /> 10. Termination of the Agreement by the Employee. The Employee may terminate <br /> this Agreement at any time, for cause or no cause, upon the provision to the City of written notice <br /> at least sixty(60)days prior to such termination. Such written notice shall be delivered to the Clerk <br /> of the City with a copy thereof delivered to James E.Peckert,Esquire, 132 South Water Street, Suite <br /> 200, Post Office Box 860,Decatur, Illinois 62525-0860, and such written notice shall provide an <br /> effective date of such termination. Should the Employee terminate this Agreement as set forth <br /> herein,the Employee shall not be entitled to any separation package as may be described within § <br /> 11 hereof. Any such notice of termination by the Employee shall not be subject to withdrawal by <br /> the Employee without the express, written consent of the City. <br /> 11. Separation Package Upon the City's Termination, Without Cause, of the <br /> Agreement. <br /> (a) Separation Package. If this Agreement is terminated,without"cause"(as described <br /> within §9(b)of the Agreement),by the City,the City shall tender,deliver and remit to the Employee <br /> a separation package consisting of monetary remuneration equal to one-half('/z) of the Employee's <br /> most recent annual salary, following the City's receipt of an executed release, binding upon the <br /> Employee,effectively releasing and waiving any and all claims,actions,demands, causes of action, <br /> -6- <br />