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<br />iv) Termination for Cause. If the Manager is terminated by the City Council for cause, <br />the City shall have no obligation to provide payments and/or benefits as listed in <br />subparts i through iii of this subsection. <br /> <br />D) Payment Upon Voluntary Termination. Upon the Manager's voluntary termination of <br />employment, he shall be entitled to full payment by the next following pay period of: <br /> <br />i) Payment of all accrued Paid Time Off at its full value at the Manager's current rate of <br />pay. <br /> <br />ii) Payment of all wages for days worked S111ce the last payroll period pnor to <br />separation. <br /> <br />E) Nonwaiver. Nothing herein shall be deemed a waiver of any rights or claims that either party <br />may have beyond the compensation due in the normal course of the separation of the Manager from the <br />City's employ. <br /> <br />Section 8. Term. This Agreement shall be for an indefinite term until terminated by one or both of <br />the parties as set forth in this Agreement. <br /> <br />Section 9. Indemnification. The City shall defend and indemnify the Manager pursuant to and <br />according to the terms and conditions of Minnesota Statutes 466.07 and 465.76. <br /> <br />Section 10. Merger. This Agreement supersedes all prior oral or written communications between <br />the parties. <br /> <br />Section 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties <br />with respect to the employment relationship between the City and the Manager and the parties agree that <br />there were no inducements or representations leading to the execution of this Agreement except as herein <br />contained. <br /> <br />Section 12. Severabilitv. In case anyone or more of the provisions of this Agreement shall be <br />deemed to be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the <br />remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. <br /> <br />Section 13. Governing Law. This Agreement will be construed and interpreted in accordance with <br />the laws of the State of Minnesota. <br /> <br />Section 14. Counterparts. This Agreement may be executed simultaneously in two or more <br />counterparts, each of which will be deemed an original, but all of which together will constitute one and the <br />same instrument. <br /> <br />IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its <br />behalf by its Mayor and Interim City Manager, and Manager has signed this Agreement, in duplicate the <br />day and year first written above. <br /> <br />-4- <br />