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flex his schedule in order to accomplish his duties and his personal responsibilities as long <br /> as it does not in any way materially impair his employment activities. <br /> 13. TERMINATION BENEFITS. In the event Employee is terminated within two years of <br /> the initial date of this agreement by the Employer during such time that Employee is <br /> willing and able to perform the duties of City Administrator, then in that event, Employer <br /> agrees to pay Employee at the time of receipt of Employee's last paycheck a lump sum <br /> cash payment in the amount equal to three months aggregate salary and to continue to <br /> provide and pay for the benefits in paragraph 7 for a period of three months, following <br /> termination. For any such termination occurring more than two years after the aforesaid <br /> date, then Employer agrees to pay Employee at the time of receipt of Employee's last <br /> paycheck a lump sum cash payment in the amount equal to six months aggregate salary <br /> and to continue to provide and pay for the benefits in paragraph 7 for a period of six <br /> months, following termination <br /> If, however, the termination because of malfeasance in office, gross misconduct, <br /> conviction of a felony, or conviction for an illegal act involving personal gain to Employee, <br /> then Employer shall have no obligation to pay the aforementioned termination benefits. <br /> If the Employee voluntarily resigns the City Administrator position within two years of the <br /> date of this Agreement, Employee agrees to give the Employer sixty (60) days advance <br /> notice. Thereafter, the Employee agrees to give the Employer forty-five (45) days. If the <br /> Employee voluntarily resigns as City Administrator, there shall be no termination pay due <br /> to Employee. <br /> If the Employer reduces the salary, benefits, or any other compensation of the Employee, <br /> unless all City employees are reduced by the same percentage, such action shall <br /> constitute a termination other than for cause, unless otherwise agreed to by the parties. <br /> 14. AMENDMENTS IN WRITING. The parties may mutually agree to amend this <br /> Agreement at any time in writing. <br /> 15. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, <br /> limit, or otherwise interfere with the right of Employer to terminate the services of <br /> Employee at any time, for any reason, subject only to the provisions of this Agreement <br /> and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit, <br /> or otherwise interfere with the right of Employee to resign at any time as City <br /> Administrator, subject only to the provisions of this Agreement. <br /> 3 <br />