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EMPLOYER shall defend, save harmless end indemnify EMP~OYEB against any <br /> tort, professiona~ liability claim or demand or legal action, whether <br /> oundless or otheFwise, arising out of an alleged act or omission occurring <br /> the performanc~ <br /> Io of EMPLOYEE'S duties as County Manager. EMPLOYER will <br /> provide a defense I r any such claim, demand or legal action and will pay the <br /> amount of any sett~.ement or judgement rendered therein, subject to =he limits <br /> of law and inclusi~ of third-party insurance. <br /> <br /> SECTION XVI. BONDI~ <br /> EMPLOYER shall bear the full cost of any fidelity or other bonds <br /> required of the EMPLOYEE under any federal, state law or local ordinance. <br /> <br /> SECTION XVII. OTHER TERMS AND CONDITIONS OF EMPLOYMENT <br /> A. The Board, in consultation with the EMPLOYEE, shall fix any such <br /> other terms and co~ditions of employment, as it may determine from time to <br /> time, relating tol =he performance of EMPLOYEE, provided such terms and <br /> conditions are no~ inconsistent with or in conflict with the provisions of <br /> this agreement or ~a=e law. <br /> B. All provi ions of the regulations and rules of =he EMPLOYER relating <br /> CO vacation, sick leave, retirement, holidays, fringe benefits and working <br /> conditions as =hey now exist or hereinafter may be amended, also shall apply <br /> to EMPLOYEE ss =he, would to ocher employees of the EMPLOYER, in addition <br /> said benefits enum tared specifically for =he benefit of =he EMPLOYEE, except <br /> as herein provided.~ <br /> C. EMPLOYEE ~hall be entitled Co receive =he same vacation and sick <br /> leave benefits as are accorded other employees, including =he provisions <br /> gOverning accrual ~and payment =hereof on termination of employment as <br /> provided for wi=hinl=hie agreement. <br /> D. EMPLOYEE 'hall be subject to the County Wage and Hour Policy <br />Appendix C of the C~barrus County Personnel Ordinance. <br /> E. If any pro~'ision, or any portion thereof, contained in this agreement <br />is held unconstitu~lional, invalid or unenforceable, the remainder of this <br />agreement, or port,on thereof, shall be deemed severable, shall not be <br />affected and shall 'emain in full force and effect. <br /> <br /> IN WITNESS WHEREOF, the CABARRUS BOARD OF COMMISSIONERS has caused <br />this agreement to signed and executed in ~ts behalf by the C~IAIRMAN and <br />duly attested and t~e EMPLOYEE has signed and executed this agreement, <br />in duplicate, this ~1s~ day of July, 2003. <br /> {s/ Robert M. Freeman <br /> Chairman <br />ATTEST= · <br />{S~ Frankie F. Bondsi <br />Clerk to =he Board <br /> <br />EMPLOYEE <br />/s/ John David Day <br />John David Day <br /> / <br />This instrument has/ been pre-audited in the malu~er required by the Local <br />Government Budge= an~ Fiscal Control Act. <br /> <br /> {s{ Pamela S. Dubois <br /> Pamela S. Dubois <br /> F~nance Director <br />(L) P.~S OFM~TIN~ <br /> <br /> There being n~ fur=her business to come before the Boa=d, Chairmaa <br />Freeman recessed th~ meeting ac 11:40 p.m. until 6:00 p.m. on Monday, July <br />28, 2003, in the Mul~ipurpose Boo~ a= =he Governmental Center. <br /> <br />Clerk Co the Board <br /> <br /> <br />