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<br />EMPLOYMENT AGREEMENT BETWEEN <br />CITY OF SUNNY ISLES BEACH AND HANS OTTINOT <br /> <br />C. In the event that the City Attorney is terminated "for cause," which shall be defined as <br />an act of fraud, dishonesty or conviction of any criminal act (except for minor traffic <br />infractions), the City shall have no obligation to grant severance pay. <br /> <br />SECTION 12. <br /> <br />OTHER CUSTOMARY BENEFITS <br /> <br />F. 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. The Employee shall not be considered as a new employee with respect to any <br />benefits that the Employee may be entitled. The Employee shall retain the same seniority <br />rank that he possessed as of May 6, 2005. It is understood and agreed to by the parties <br />that the City hired the Employee on February 20,2000. <br /> <br />SECTION 13. <br /> <br />INDEMNIFICATION <br /> <br />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 Attorney. The City, or its insurance carrier, <br />will payor settle any such claim or suit or judgment rendered thereon. <br /> <br />SECTION 14. <br /> <br />MISCELLANEO US <br /> <br />A. Complete Agreement. It is understood and agreed that this document incorporates and <br />includes all prior negotiations, correspondence, conversations, agreements, or <br />understandings applicable to the matters contained herein and that the parties agree that <br />there are no commitments, agreements, or understandings concerning the subject matter <br />of this Agreement that are not contained in this document. Accordingly, it is agreed that <br />no deviation from the terms hereof shall be predicated upon any prior representations or <br />agreements, whether oral or written. <br /> <br />B. Severability. If any provision, or any portion thereof, contained in this Agreement is held <br />to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, <br />or portions thereof, shall not be affected and shall remain in full force and effect. <br /> <br />C. No Waiver. The waiver by either party of a breach of any provision of this Agreement by <br />the other shall not operate or be construed as a waiver of any subsequent breach by that <br />party. <br /> <br />D. Obligations Personal. The rights and obligations herein granted are personal in nature <br />and cannot be transferred by the City Attorney. <br /> <br />Employment Agreement - Ottlnot <br /> <br />Page 4 of6 <br />