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399 <br /> <br />required pursuant to this Agreement. CABARRUS shall pay WITHERSPOON a vehicle <br />allowance of $300.00 per month for his use of his vehicle on CABARRUS's business <br />within the County, and further CABARRUS shall pay WITHERSPOON the regular mileage <br />rate for CABARRUS employees for his use of his vehicle on CABARRUS business <br />outside Cabarrus County, North Carolina. <br /> 6. EXPENSES: It is anticipated that WITHERSPOON may incur reasonable <br />expenses in conducting CABARRUSf business. CABARRUS agrees to reimburse <br />WITHERSPOON for all such expenses upon WITHERSPOONts periodic presentation of <br />an appropriate account of such expenditures. <br /> 7. FRINGE BENEFITS: CABARRUS agrees to provide WITHERSPOON all insurance <br />benefits (medical and life), sick leave and retirement benefits, including <br />deferred compensation or 401(k) and all other benefits available to CABARRUS <br />employees in accordance with the Cabarrus County Personnel Ordinance and the <br />North Carolina Local Government Retirement System; provided that such benefits <br />shall not include longevity or vacation pay, or compensatory time, it being <br />expressly understood and agreed by WITHERSPOON and CABARRUS that WITHERSPOON's <br />annual base salary established by the Board is inclusive thereof. <br /> 8. PROFESSIONAL DEVELOPMENT: In order to provide for the continued <br />professional development of WITHERSPOON and for the advancement and/or benefit <br />of CABARRUS, CABARRUS hereby agrees to budget for and to pay: <br /> (i) the professional dues and subscriptions of WITHERSPOON <br /> necessary for his continuation and full participation in such <br /> national, regional, state and local associations and organizations <br /> necessary and desirable for his continued professional participation <br /> and growth; provided that such dues and subscriptions may not exceed <br /> the sum of $1,100.00 per year unless otherwise separately authorized <br /> by the Board; <br /> (ii) the travel and subsistence expenses of WITHERSPOON for <br /> professional and official travel, meetings and occasions adequate <br /> to continue the professional development of WITHERSPOON and to <br /> pursue necessary official and other functions of and for CABARRUS, <br /> including, but not limited to, the annual conference of the <br /> International Management Association, the National and State <br /> Associations of Counties, and such other national, regional, state <br /> and local governmental groups and committees thereof to which <br /> WITHERSPOON belongs, of which he is a member, or to which he renders <br /> service; provided that such travel and subsistence expenses shall <br /> apply to no more than one (1) out of state and two (2) in-state <br /> trips per year unless otherwise separately authorized by the Board; <br /> and <br /> (iii) Provided that such expenses are approved by the Board in <br /> advance, the travel and subsistence expenses of WITHERSPOON for <br /> short courses, institutes and seminars that are necessary for his <br /> professional development and/or for the benefit of CABARRUS. <br /> 9. ANNUAL REVIEW. At least annually, CABARRUS shall review and evaluate <br />the performance of WITHERSPOON in advance of the adoption of the annual <br />operating budget. CABARRUS shall modify WITHERSPOONts base salary and/or other <br />benefits in the amount and to the extent that the Board of Commissioners of <br />CABARRUS may determine at that time; provided, however, that no increase shall <br />be authorized in any year in which a general freeze on salaries of County <br />employees of CABARRUS has been established. <br /> 10. TERMINATION: Either party may terminate this Agreement at any time <br />upon giving thirty (30) days written notice to the other of an intent to do so. <br />This Agreement shall immediately terminate upon the death of WITHERSPOON, and <br />CABARRUS shall pay to the estate of WITHERSPOON the compensation otherwise <br />payable to WITHERSPOON through the end of the second month after which his death <br />has occurred. <br /> 11. SEVERANCE PAY: If, before the expiration of the original term of this <br />Agreement or any extension thereof, CABARRUS unilaterally terminates WITHERSPOON <br />or WITHERSPOON and CABARRUS terminate this Agreement by mutual agreement, <br />CABARRUS shall pay to WITHERSPOON one-half (1/2) WITHERSPOON's annual base <br />salary which shall have been established in accordance with Paragraphs 3 and 9 <br />hereinbefore. Such salary payment shall be made in a single lump sum, and shall <br />constitute all payment due WITHERSPOON pursuant to this Agreement or otherwise. <br /> NOTWITHSTANDING THE FOREGOING, in the event WITHERSPOON is terminated <br />because of his conviction of any illegal act involving personal gain to him, <br />CABARRUS shall have no obligation to pay the severance payment set forth in this <br />paragraph. <br /> 12. BONDING: CABARRUS shall bear the full cost of any fidelity or other <br />bond required of WITHERSPOON as Manager under any law or ordinance. <br /> <br /> <br />