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League of Minnesota Cities Model Contract: 10/10/2016 Public W Employment Agreement Page 3 In the event Employee is terminated by the Employer during such time that Employee is willing and able to perform her duties , the City will give the employee a three month notice of termination followed with the Employer agreeing to pay Employee his/her last paycheck a lump sum cash payment equal to 6 months aggregate salary, benefits, and all accrued PTO. After two years of employment as Public Works Director/City Engineer: In the event Employee is terminated by the Employer during such time that Employee is willing and able to perform her duties , the City will give the Employee her last paycheck a lump sum cash payment equal to 6 months aggregate salary, benefits, and all accrued PTO. However, in the event Employee is terminated because of her malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that she resign, then Employee may, at her option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns her position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns /her position with Employer, there shall be no termination pay due to Employee. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with Employer, subject only to the provisions of this Agreement. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and City Administrator, and Employee has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: EMPLOYEE: