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.' � , ` 1. <br /> SECTION SEVENTEEN . Termination. A. The CITY may terminate <br /> this Agreement at any time by appropriate action of the City <br /> Council. If the EMPLOYEE is terminated while he is ready, willing, <br /> and able to perform the duties of City Manager, the CITY shall pay <br /> the EMPLOYEE, as severance pay, a cash payment equal to four (4) <br /> months salary; provided, however, that in the event EMPLOYEE is <br /> terminated because of his breach of this Agreement, conviction of <br /> any criminal act relating to employment with the CITY or liability <br /> for any tortious act involving personal financial gain to EMPLOYEE, <br /> arising from the conduct of CITY business or affairs, then in any <br /> of those events, the CITY shall have no obligation to pay the <br /> severance sum designated in this paragraph. <br /> B. The EMPLOYEE may terminate this Agreement at any time <br /> by giving thirty ( 30) days prior written notice to the City Clerk <br /> and in said written notice shall advise of the date of termination. <br /> SECTION EIGHTEEN . Disabilitv. If the EMPLOYEE is totally <br /> disabled or otherwise unable to perform all of his duties because <br /> of sickness, accident, injury, mental incapacity, or ill health, he <br /> shall be eligible for Disability Leave upon exhausting all accrued <br /> sick leave and vacation leave. Disability leave shall be unpaid I <br /> and shall be approved by the CITY for a period up to six (6) <br /> months. The length of such time period of disability leave shall <br /> be dependent upon the lengths of disability as demonstrated by the I!� <br /> EMPLOYEE. If the EMPLOYEE is unable to return to work at the end II <br /> of the Disability Leave, the CITY shall have the option to <br /> -7- <br />