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<br />SECTION 12. RELOCATION EXPENSES <br /> <br />The City shall directly payor reimburse the Employee for moving costs incurred in <br />relocation of his family to a community within commuting distance of Sunny Isles Beach, <br />including up to four (4) two-way airplane trips from New York to Sunny Isles Beach, as <br />necessary. <br /> <br />SECTION 13. OTHER CUSTOMARY BENEFITS <br /> <br />The City shall afford the Employee the right to participate in any other benefits or <br />working conditions as provided for the Administrative and Management Employees of <br />the City. <br /> <br />SECTION 14. INDEMNIFICATION <br /> <br />A. The City shall defend, save harmless and indemnify the Employee against any tort, <br />professional liability claim or demand or other legal action, whether groundless or <br />otherwise, arising out of an alleged act or omission occurring in connection with the <br />performance of the Employees duties as City Manager. The City, or its insurance <br />carrier, will payor settle any such claim or suit or judgment rendered thereon. <br /> <br />SECTION 15. BONDING <br /> <br />The City shall bear the cost of any fidelity or other bonds required of the Employee under <br />any law or the City Charter. <br /> <br />SECTION 16. COMMENCEMENT DATE <br /> <br />The Employee's start date shall commence no later than August 23, 2000 unless <br />otherwise mutually agreed between the parties. The Employee shall make a good faith <br />effort to advance the start date preferably to July 31,2000, but any such advanced start <br />date will depend on the Employee making arrangements with his current employer, <br />satisfactory to the Employee, to facilitate an earlier start date. <br /> <br />SECTION 17. MISCELLANEOUS <br /> <br />A. Complete Aqreement. It is understood and agreed that this document <br />incorporates and includes all prior negotiations, correspondence, conversations, <br />agreements, or understandings applicable to the matters contained herein and that <br />the parties agree that there are no commitments, agreements, or understandings <br />concerning the subject matter of this Agreement that are not contained in this <br />document. Accordingly, it is agreed that no deviation from the terms hereof shall be <br />predicated upon any prior representations or agreements, whether oral or written. <br /> <br />B. Amendment. No modification, amendment or alteration in the terms or <br />conditions contained herein shall be effective unless contained in a written document <br />executed with the same formality and with equal dignity herewith. <br /> <br />C. Severability. If any provision, or any portion thereof, contained in this <br />Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the <br />remainder of this Agreement, or portions thereof, shall not be affected and shall <br />remain in full force and effect. <br />04/06/00 4 <br />C: W indowslPersonal/CJR/Sunny Agreement.Doc <br />LMD:ch 4/6/00--11:55 AM <br />Cjr 04/06/00 <br />