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~~ <br /> <br />Section 14: Severance <br />A. Termination without cause: <br />1. The City will pay Employee a lump sum cash payment for all salary, earned unused <br />vacation (the same as general employees), earned unused sick leave (up to 90 days), <br />and other benefits that were earned but unused as of the last day of active employment. <br />2. The City will pay the Employee a lump sum cash payment equal to six (6) months salary. <br />This payment is contingent upon a waiver and release of all claims against the City in a <br />form acceptable to the City. <br />B. Termination for cause In the event Employee is terminated for cause as defined in this <br />document, the City shall have no obligation to pay the severance pay and severance <br />benefits designated in this Agreement. <br />C. Resignation by Employee. The City will pay Employee a lump sum cash payment for all <br />salary, earned unused vacation (the same as general employees), earned unused sick <br />leave (up to 90 days), and other benefits that were earned but unused as of the last day of <br />active employment. <br />Section 15: Notices <br />Notices pursuant to this agreement shall be given by deposit in the custody of the United States <br />Postal Service, postage prepaid, addressed as follows: <br />(1) CITY: Mayor <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />(2) EMPLOYEE: Michael J. Cosentino <br />Legal Department, City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Alternatively, notices required pursuant to this Agreement may be personally delivered. Notice <br />shall be deemed given as of the date of personal delivery. <br />Section 16: Arbitration <br />Any and all disputes arising out of or relating to this Agreement, or the Employee's employment <br />with the City or the termination thereof, shall be resolved solely by arbitration in San Marcos, <br />Texas under the then existing rules of the American Arbitration Association for employment <br />dispute resolution. Judgment upon the award rendered may be entered in any court of <br />competent jurisdiction The cost of such arbitration shall be borne equally by the parties. <br />Arbitration shall be in accordance with the Federal Arbitration Act ("FAA") or, if the FAA is found <br />to be inapplicable, then in accordance with the Texas General Arbitration Act. <br />Page 5 of 6 <br />