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only to the provision set forth in Section 3 of this Agreement. As the General Manager <br />serves at the will of the Board, there is no term to this Agreement and it shall remain in <br />force and effect until terminated as provided in Section 3 below. <br />Section 3: Termination and Severance Pay <br />A. Right to Terminate Employment. The Board may terminate the <br />services of the General Manager at any time with a written notice to the General <br />Manager setting forth the date of termination in that notice. <br />B. For Cause. In the event the General Manager is terminated for any of <br />the following causes, the District shall have no obligation to pay Severance Pay to the <br />General Manager as provided in subsection C below: <br />a. Insubordination, dishonesty, misappropriation of public funds, or <br />falsifying District records; <br />b. Repeated and continued unexcused absences from the District's <br />office resulting in a failure to perform his normal duties; <br />C. Conviction of any misdemeanor concerning an act amounting to <br />improper conduct as a General Manager or involving moral turpitude; <br />d. Habitual intoxication while on duty, or the continued abuse and use of <br />drugs and/or alcohol; or <br />e. Conviction of, or plea of guilty to, or plea nolo contendere, to a felony. <br />C. Without Cause. In the event the General Manager is terminated by <br />the Board or requested to resign due to a reason not related to any cause in subsection <br />3(B) above, during such time that the General Manager is willing and able to perform the <br />duties under this Agreement, the District agrees to provide the General Manager with <br />either subsection a or b below, such selection made at Board's discretion: <br />a. Two hundred seventy days (270) days' advanced written notice of <br />said termination; or, <br />b. "Severance Pay" in the amount of a cash payment equal to nine (9) <br />months' of the General Manager's then aggregate annual salary pursuant to <br />Government Code Sections 53260 — 53264, and the amount equal to his <br />unused aggregate and accumulated vacation hours at the General Manager's <br />then prevailing hourly salary rate. Said Severance Pay may be paid, at the <br />option of General Manager, in: <br />1. A lump sum upon date of termination; <br />2. A lump sum on January 1 of the year following <br />termination; <br />3. Continued payments under the District's normal payroll <br />cycle over a nine (9) month period; or, <br />4. Any combination of the above three options as directed <br />by the General Manager. <br />If terminated without cause, the General Manager may agree to submit a <br />resignation or process his retirement in lieu of an announcement of a formal <br />termination by the Board. In event of any type of termination, resignation or <br />retirement, the General Manager shall not be paid for any unused sick leave, <br />GENERAL MANAGER EMPLOYMENT AGREEMENT <br />5/14/2014 <br />Page 2 <br />