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Agreement, with the exception of earned unused vacation (same as general emp|oyeee), earned unused <br /> sick leave (up to 45 daye), and other benefits that were earned but unused as the last day ofactive <br /> employment. <br /> 1. For purposes of this Agreement, "cause" shall include, without |imibydon, the <br /> following: <br /> a. Misconduct in connection with the performance of any of Employee's <br /> duties, including, without limitation, misappropriation of funds or property of the City' <br /> securing or attempting to secure any personal profit or commercial advantage in connection <br /> with any transaction entered into by the City, any falsification or misrepresentation of fact, <br /> or any violation of law or regulation to which the City is subject; or <br /> b. Conviction of o felony offense, or of a misdemeanor involving moral <br /> turpitude, whether committed within or outside the scope of Employee's employment <br /> hereunder. <br /> C. Resignation bVEmployee: <br /> 1. The City will pay Employee lump sum cash payment for all salary earned, <br /> earned unused vacation (the same aageneral emp|oyees), earned unused sick leave (up to4b <br /> daya), and other benefits that were earned but unused as of the last day of active employment. <br /> 2. City ahe|| provide medical, dental, life and vision insurance at the same rate <br /> offered current active city employees for a maximum of five years, after which time the Employee <br /> would then be offered benefits in accordance with all other retired employees. <br /> SECTygN4. TERMINATION. <br /> This Agreement shall terminate automatically without further notice tn Employee orCity upon: <br /> 1. termination nf the Employment Agreement; and/or <br /> 2. payment nf the severance pay osprovided in Section 3of this Agreement byCity <br /> to Employee, and consistent with the terms of the Employment Agreement. <br /> SECTION S. MISCELLANEOUS PROVISIONS. <br /> The following miscellaneous provisions are a part of this Agreement: <br /> A. Amendments. This Agreement constitutes the entire understanding and <br /> agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment <br /> to this Agreement shall be effective unless given in writing and signed by the party or parties sought <br /> to be charged or bound by the alteration or amendment. No changes to the sa1ary, benefits or terms <br /> in the Employment Agreement constitute an amendment to this Agreement. <br /> B. Applicable Law and Venue.This Agreement shall be governed by and construed <br /> in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder <br /> are performable in Hays County, Texas. Venue for any action arising under this Agreement shall <br /> lie in the state courts ofHays County. Texas. <br /> C. Assignment. This Agreement may not be assigned without the express written <br /> consent of the other party. <br /> D. Caption Headings. Caption headings in this Agreement are for convenience <br /> ~ 2 <br /> L R H <br />