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8. Performance Evaluation. The City Council shall annually evaluate Jonathan's <br /> performance as City Attorney. The City Council and Jonathan shall jointly develop performance <br /> criteria. <br /> 9. Termination. Jonathan serves as City Attorney at the pleasure of the City Council <br /> and either City or Jonathan may terminate this Contract at any time. If the City decides to <br /> terminate this Contract, City will provide Jonathan with nine months notice (the notice of <br /> termination). <br /> 10. Severance Pay /Benefits. If City decides to terminate this Contract with less than nine <br /> months notice, the notice of termination shall provide the termination date. City shall provide <br /> Jonathan with salary and medical /dental insurance benefits between the termination date and <br /> nine months after the date of the notice of termination. This paragraph will not apply if the City <br /> terminates this Contract for conduct which is a felony, or which is a serious violation of the <br /> City's harassment policy or other established rule or regulation as set forth in the City's Human <br /> Resources and Administrative Policy Guide. <br /> 11. General Provisions. This contract constitutes the entire agreement between the City <br /> and Jonathan. This Contract shall be effective upon its execution. If any provision or portion of <br /> this Contract is held invalid or unenforceable, the remainder of the Contract shall be deemed <br /> severable, shall not be affected, and shall remain in full force and effect. <br /> IN WITNESS WHEREOF, City has caused this Contract to be signed on its behalf by its Mayor, <br /> and Jonathan has signed on his own behalf, the day and years first written above. <br /> CITY OF PLEASANTON <br /> Jennifer Hosterman, Mayor <br /> Jonathan Lowell <br /> Attest: <br /> Karen Diaz, City Clerk <br /> Approved as to form: <br /> Michael H. Roush, Interim City Attorney <br /> Page 2 of 2 <br />