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16. OUTSIDE EMPLOYMENT/CONSULTING. The City Administrator may not <br />engage in any other employment while employed by the City,on either a full-time or part-time <br />basis,either directly as an employee, independent contractor or through a corporation or other <br />entity. <br />17. TERMINATION BENEFITS. In the event that Employee is terminated by the <br />Employer during such time that Employee is willing and able to perform the duties of City <br />Administrator,then in that event,Employer agrees to pay Employee at the time of receipt of his last <br />pay check a luinp sum cash payment equal to three(3)months aggregate salary and to continue to <br />provide and pay for the benefits set forth in paragraph 8 for a period of three(3)months following <br />termination. However, in the event Employee is tenninated because of his malfeasance in office, <br />gross misconduct,conviction for a felony,or conviction for an illegal act involving personal gain to <br />Employee,then Employer shall have no obligation to pay the termination benefits. <br />Employer will elect to increase the severance by one(1)month for each year of service up <br />to a maximum of six(6)months. <br />If Employer at any tiine during the employment term reduces the salary or other financial <br />benefits of Employee in a greater percentage than across-the-board reduction for all non-union <br />employees,or if Employer refuses, following written notice,to comply with any other provisions of <br />this Agreement benefiting Employee or Employee resigns following a formal suggestion by <br />Employer that he resign,then Employee may,at his option,be deemed to be "tenninated" on the <br />effective date of Employee's resignation and the Employee shall also be entitled to receive the <br />termination benefits set forth above. <br />193187 2 t