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<br />the City with two months advance written notice unless the parties otherwise agree in writing. In <br />the event of resignation hereunder, severance pay as outlined below, shall not be payable. <br /> <br />13. Termination by the City and Severance Pay. <br /> <br />A. In the event the City Commission wishes to terminate City Manager, it shall <br />do so in accordance with Section 3,1 (b) of the Charter. <br /> <br />B. In the event City Manager is terminated other than for cause, the City agrees <br />to pay City Manager severance pay in an amount equal to a) six months' salary; b) any accrued <br />vacation and sick leave benefits. All severance payments shall be paid to City Manager in lump sum <br />upon termination, or, within thirty (30) days thereafter. Upon payment of severance pay pursuant <br />to this paragraph, the City shall have no further financial obligation to City Manager, <br /> <br />C. In the event that City Manager is terminated "for cause", which shall be <br />defined as an act of fraud, dishonesty or conviction of any criminal act (except for minor traffic <br />infractions), the City shall have no obligation to pay any severance pay as set forth in paragraph B <br />above. <br /> <br />D. Miscellaneous <br /> <br />14. Complete A~eement. It is understood and agreed that this document incorporates and <br />includes all prior negotiations, correspondence, conversations, agreements or understandings <br />applicable to the matters contained herein and that the parties agree that there are no commitments, <br />agreements, or understandings concerning the subject matter of this Agreement that are not <br />contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall <br />be predicated upon any prior representations or agreements, whether oral or written. <br /> <br />15. Amendment. No modification, amendment or alteration in the terms or conditions <br />contained herein shall be effective unless contained in a written document executed with the same <br />formality and with equal dignity herewith. <br /> <br />16. Severability. If any provision, or any portion thereof, contained in this Agreement is <br />held to be unconstitutional illegal, invalid, or unenforceable, the remainder of this Agreement, or <br />, <br />portions thereof, shall not be affected and shall remain in full force and effect. <br /> <br />17. No Waiver. The waiver by either party of a breach of any provision of this Agreement <br />by the other shall not operate or be construed as a waiver of any subsequent breach by that party. <br /> <br />18. Obligations Personal. The rights and obligations herein granted are personal in nature <br />and cannot be transferred by the City Manager. <br /> <br />EmploannL wpd <br /> <br />-4- <br />