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i <br /> pay at any time. Prior to the implementation of any suspension Employee shall be given an opportunity to <br /> respond to the charges and/or allegations in a closed session meeting with the Board. <br /> B. For purposes of this Agreement cause shall include misconduct as defined in G.S. 96-14.6, whether such <br /> misconduct occurs on or off the job, any felonious act committed by Employee, or an act punishable under the <br /> "reasons of personal conduct" section of Chapter 28 of the Orange County Code of Ordinances. <br /> SECTION 4:TERMINATION/SEVERANCE <br /> A. This Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section <br /> 3B and subject to the same process as set out in Section 3A. In the event this Agreement is terminated with or <br /> without cause prior to its designated term the Employee shall not be entitled to, nor shall County have further <br /> obligation to pay, Employee's salary or benefits as described in Section 7. <br /> B. Upon the conclusion of the probationary period, should the Board decide for any reason, other than those <br /> described and set out in Section 36, to end the employment of the Employee the Employee shall, on the date <br /> of termination, be entitled to: <br /> i. Payment equal to four (4) months full salary together with health, dental, and life insurance <br /> coverage for a four(4) month period, plus payment for any accumulated sick leave and annual <br /> leave earned but not taken, if the Employee is terminated after the probationary period but <br /> prior to January 4, 2017. <br /> ii. Payment equal to five (5) months full salary together with health, dental, and life insurance <br /> coverage for a five (5) month period, plus payment for any accumulated sick leave and annual <br /> leave earned but not taken, if the Employee is terminated on or between January 5, 2017 and <br /> January 4,2018. <br /> iii. Payment equal to six (6) months full salary together with health, dental, and life insurance <br /> coverage for a six (6) month period, plus payment for any accumulated sick leave and annual <br /> leave earned but not taken, if the Employee is terminated on or after January 5, 2018. <br /> SECTION 5:RESIGNATION <br /> In the event Employee voluntarily resigns her position with the County the Employee shall give the County <br /> ninety (90) days written notice in advance of such resignation. In the event of such resignation and the <br /> Employee having given at least ninety (90) days written advance notice;the Employee shall be entitled to be <br /> paid for any accumulated sick leave and annual leave earned but not taken but shall not be entitled to the <br /> severance benefit as set out in section 4B above. At its sole option, the County has the right to waive some or <br /> all of this ninety(90)days written notice provision if it so chooses. <br /> SECTION 6: DISABILITY <br /> If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity, or another <br /> health related issue and is unable to continue to perform the essential duties of the position of County <br /> Manager, the County shall then have the option to terminate this Agreement subject to the severance <br /> provisions as outlined in Section 4B above. <br /> SECTION 7:SALARY <br /> Upon initial employment Employee will be paid an annualized salary of One Hundred Sixty Thousand Dollars <br /> Page 2 of 5 <br />