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ORANGE COUNTY <br />NORTH CAROLINA <br />EMPLOYMENT AGREEMENT <br />THIS EMPLOYMENT AGREEMENT, made and entered into this the 6th day of October, 2009, by and <br />between the County of Orange, a body politic and corporate of the State of North Carolina, <br />hereinafter called "County", party of the first part, and Frank W. Clifton Jr. hereinafter called <br />"Employee", party of the second part: <br />WITNESSETH <br />WHEREAS, County desires to employ the services of the Employee as County Manager of the County <br />of Orange as provided by NCGS 153A-81; and <br />WHEREAS, it is the desire of the Orange County Board of County Commissioners, hereinafter called <br />the "Board", to provide certain benefits, to establish certain conditions of employment, and to set <br />working conditions of said Employee; and <br />WHEREAS, the Employee desires to accept employment as County Manager of said Orange County, <br />NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as <br />follows: <br />SECTION 1: DUTIES <br />County hereby agrees to employ the Employee as County Manager of Orange County to perform the <br />functions and duties specified in NCGS 153A-82 and to perform other legally permissible and proper <br />duties and functions as the Board shall from time to time assign. <br />SECTION 2: TERM <br />A. The Employee's date of full-time employment will begin October 6, 2009. The Employee will be <br />required to work a 90 day probationary period, as outlined in Paragraph B, below. The Employee's <br />employment shall continue for an unspecified term of service subject to the provisions of Sections 4, <br />5 and 6 of this agreement or any amendment or mutual agreement approved by both parties. Such <br />amendment or mutual agreement must be in writing in the form of an Amendment to this <br />Employment Agreement and signed by both parties. <br />B. The Employee will be required to work a 90 day probationary period. The employee may be <br />dismissed without cause during this 90 day period, which will end on January 4, 2010. If the <br />Employee is dismissed with or without cause for any reason during this probationary period, he will <br />be entitled to be paid only for all unused accumulated sick and annual leave and shall not receive the <br />benefit of the severance provision as set out in Section 4B. <br />Page 1 of 6 <br />