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February 16, 2004 Page 375 <br /> <br />SECTION XV. INDEMNIFICATION. <br /> <br />EMPLOYER shall defend, save harmless and indemnify EMPLOYEE from and against any <br />tort, professional liability claim or demand or legal action, whether groundless <br />or otherwise, arising out of an alleged act or omission occurring in the <br />performance of EMPLOYEE'S duties as County Attorney. EMPLOYER will provide a <br />defense for any such claim, demand or legal action and will pay the amount of any <br />settlement or judgment rendered therein, subject to the limits of law and <br />inclusive of third-party or self insurance. <br /> <br />SECTION XVI. BONDING. <br /> <br />EMPLOYER shall bear the full cost of any fidelity or other bonds, or legal <br />insurance required of EMPLOYEE under any federal, state law or local ordinance <br />or required or recommended by the North Carolina State Bar, the American Bar <br />Association or other entity governing, overseeing or providing official ~uidance <br />to EMPLOYEE'S practice of law on behalf of EMPLOYER. <br /> <br />SECTION XVII. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. <br /> <br />A. The BOARD, in consultation with the EMPLOYEE, shall fix any such other terms <br />and conditions of employment, as it may determine from time to time, relating to <br />the performance of EMPLOYEE, provided such terms and conditions are not <br />inconsistent with or in conflict with the provisions of this Agreement or federal <br />or state law. <br /> <br />B. Ail provisions of the privileges, regulations and rules of the EMPLOYER <br />relating to vacation, sick leave, retirement, deferred compensation plans, <br />holidays, fringe benefits and working conditions as they now exist or hereinafter <br />may be amended, also shall apply to EMPLOYEE as they would to other employees of <br />the EMPLOYER in addition to said benefits enumerated specifically for the benefit <br />of the EMPLOYEE as herein provided. <br /> <br />C. EMPLOYEE shall be subject to the County Wage and Hour Policy in Appendix C of <br />the Cabarrus County Personnel Ordinance. EMPLOYEE shall be permitted to <br />accumulate and use compensatory time in the manner set forth in Appendix C <br />Section 6. <br /> <br />D. If a provision of this Agreement, or any portion thereof, is held <br />unconstitutional, invalid or unenforceable, the remainder of this Agreement shall <br />be deemed severable, shall not be affected and shall remain in full force and <br />effect. <br /> <br />IN WITNESS WHEREOF, the CABARRUS COUNTY BOARD OF COMMISSIONERS has caused this <br />Agreement to be signed and executed in its behalf by the CHAIRMAN of the BOARD <br />and duly attested and the EMPLOYEE has signed and executed this Agreement, both <br />in duplicate, effective the 16tn day of February, 2004. <br /> <br />/s/ Robert M. Freeman <br /> <br />Robert M. Freeman, Chairman <br /> <br />EMPLOYEE: <br />/s/ Marilyn D. Porter <br />Marilyn D. Porter <br /> <br />/s/ Frankie F. Bonds <br /> <br />Attest: Frankie F. Bonds <br />Clerk to the Board <br /> <br />This instrument has been pre-audited in the manner required by the Local <br />Government Budget and Fiscal Control Act. <br />By: /s/ Pamela S. Dubois , Pamela S. Dubois, Finance Director <br /> <br />(L) RECESS OP MEETING <br /> <br /> There being no further business to come before the Board, Chairman Freeman <br />recessed the meeting at 10:12 p.m. until 5:00 p.m. on Monday, February 23, 2004, <br />in the Multipurpose Room at the Governmental Center. <br /> <br /> Clerk to the Board <br /> <br /> <br />