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AGREEMENT: PAGE 2 <br /> 4 . Prior to the execution of any payroll deduction order by the <br /> City, the City will endeavor to give at least twenty-four <br /> (24) hours notice, either in writing or verbally, to the <br /> Employee of its intent to execute a payroll deduction order. <br /> Failure by the City to give the notice shall not invalidate <br /> the payroll deduction order. <br /> 5 . The City shall have the right to terminate this agreement <br /> upon the termination of the Employee's employment with the <br /> City and require all fees to be paid to U.S. West, its agent <br /> or assignee before issuing the Employee's final paycheck. <br /> 6 . The City shall have the right to require termination of the <br /> use of the Employee's cellular telephone, in the event that <br /> the Employee is, at any time, delinquent in paying its fees <br /> for use of such telephone to U.S. West, its agent or <br /> assignee. <br /> 7 . The failure of the City to require termination of the use of <br /> the cellular telephone on one occasion shall not constitute <br /> a waiver on the part of the City of its right to require <br /> • such termination on a subsequent occasion. <br /> 8 . If the Employee defaults on payment of any charges to U.S. <br /> West,; and the City cannot cure the default by deducting the <br /> overdue amount from the Employee's paycheck, the City may <br /> bring a legal action against the Employee to recover its <br /> damages, including its costs and reasonable attorneys' fees <br /> incurred in the action. <br /> IN WITNESS THEREOF, the parties have signed this Agreement on this the <br /> day of , 1994 . <br /> CITY OF <br /> BY: <br /> EMPLOYEE CITY MANAGER <br /> • <br />