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, . ' , <br /> SECTION SIXTEEN. Termination. The CITY may terminate this <br /> Agreement at any time by appropriate action of the City Council. <br /> If the EMPLOYEE is terminated while he is ready, willing, and <br /> 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) I <br /> months salary; provided, however, that in the event EMPLOYEE is <br /> terminated because of his breach of this Agreement, conviction of � <br /> nay criminal act relating to employment with the CITY or <br /> liability for any tortious act involving personal financial gain � <br /> to EMPLOYEE, arising from the conduct of CITY business or <br /> affairs, then in any of those events, the CITY shall have no <br /> obligation to pay the 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 <br /> termination. <br /> SECTION SEVENTEEN. Disability. 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, <br /> he shall be eligible for Disability Leave upon exhausting all <br /> accrued sick leave and vacation leave. Disability leave shall be <br /> unpaid and shall be approved by the CITY for a period up to six <br /> (6) months. The length of such time period of disability leave <br /> shall be dependent upon the lengths of disability as demonstrated <br /> by the EMPLOYEE. If the EMPLOYEE is unable to return to work at <br /> the end of the Disability Leave, the CITY shall have the option <br /> to terminate the employment of the EMPLOYEE, subject to the <br /> requirement imposed on the CITY by Section Sixteen. <br />