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<br /> any other rights or remedies to which the City may be entitled, the Employee agrees that the
<br /> Agreement shall be enforceable by a decree of specific performance.
<br /> (e) If any duty or obligation imposed hereby, or any part thereof, is held by a court of
<br /> competent jurisdiction or any other governmental authority to be invalid, void, unenforceable or
<br /> against public policy for any reason, the remainder thereof shall remain in full force and effect and
<br /> shall in no way be affected,impaired or invalidated,and such court or authority shall be empowered
<br /> to substitute,to the extent enforceable,provisions similar thereto or other provisions so as to provide
<br /> applicable law, the benefits intended by such provisions.
<br /> to City to the fullest extent permitted by pp
<br /> (f) In addition to the foregoing, the Employee warrants and covenants that, absent
<br /> express,written authorization from the Council,the Employee shall not,during the term hereof and
<br /> for a period of twenty-four (24) calendar months following the termination hereof, accept
<br /> employment with,or participate in ownership of,any Person which has,within the preceding twelve
<br /> (12) calendar months engaged.in_business with the City,or which is reasonably.expected to engage
<br /> in, or seek to engage in,business with the City.
<br /> (g) Notwithstanding anything to the contrary herein, all provisions of this Section 26 of
<br /> the Agreement shall survive termination of the employment relationship between the City and the
<br /> Employee.
<br /> 28. Litigation and Regulatory Actions. Notwithstanding anything to the contrary
<br /> herein,and surviving the termination of any employment relationship described herein,the Employee
<br /> shall cooperate with the City in the (i) defense or prosecution of any claims or actions now in
<br /> existence or which may be brought in the future against, or on behalf of, the City; or (ii) in
<br /> connection with any examination or review of any federal or state regulatory authority. The
<br /> Employee shall provide such cooperation and assistance without charge for time,but the City shall
<br /> reimburse the Employee for any reasonable expenses incurred by the Employee in compliance with
<br /> this Section.
<br /> 29. Public Official Liability Insurance,Indemnification and Representation by
<br /> Legal Counsel.
<br /> The City may provide the Employee with public official liability insurance in accordance
<br /> with such insurance provided to other officers of the City, which insurance shall be paid for by the
<br /> City.
<br /> Except as may otherwise be prohibited by law,the City hereby agrees to defend, indemnify
<br /> and hold harmless the Employee from any demand, claim, action, cause of action, lawsuit,
<br /> proceeding, allegation, assertion, cost or expense arising from the performance of by the Employee
<br /> of his duties as City Manager to the extent permitted by law,except to the extent the acts, statements
<br /> or omissions giving rise to such demand, claim, action, causes of action, lawsuit, proceeding,
<br /> allegation, assertion, cost or expense were intentional or criminal in nature.
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