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Certification Course, subject to the receipt of passing grades for the classes. Dircks shall use <br />his own time for attendance at the courses and for the completion of any related course work. <br />10. TERMINATION AND SEVERANCE PAY. In the event that Dircks is terminated by the <br />City during such time that Dircks is willing and able to perform the duties of Public Works <br />Superintendent, then in that event, the City will pay Dircks a lump sum cash payment equal <br />to one month of aggregate salary if termination occurs within the first three years of <br />employment with the City. Payment of severance benefit is conditioned upon Dircks' <br />execution of a full release, in a form that is acceptable to the City, of any and all claims <br />arising out of his employment relationship with the City. Any severance payments will be <br />made without a matching deferred compensation payment from the City. In addition to said <br />severance pay, Dircks shall be paid for any accrued and unused vacation. No compensation <br />shall be given for any unused sick leave. However, in the event Dircks is terminated because <br />of his conviction for any illegal act involving personal gain to him, then the City shall have <br />no obligation to pay the aggregate salary, accrued and unused vacation or sick leave provided <br />in this paragraph. <br />If during the first three years of employment the City reduces the salary or other financial <br />benefits to Dircks in a greater percentage than across - the -board reduction for all City <br />employees, or if the City refuses, following written notice, to comply with any other <br />provisions in this Agreement benefiting Dircks, then Dircks may, at his option, be deemed to <br />be "terminated" on the date of such reduction or refusal to comply with the provisions of this <br />Agreement. In this event, Dircks shall be entitled to severance pay in accordance with this <br />Agreement. <br />Page 4 of 7 <br />4 <br />