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30 agreed upon by the employee and the City. The cost for such examination will be equally shared by the City and the employee and the decision of this third physician concerning the continuing ability of the employee to perform his/her work shall be the basis for returning the employee to his/her regular work. The above procedures shall be utilized for psychological examinations and evaluations of employees except that the employee shall be notified of the reason for the examination. Should a psychological examination or evaluation report be prepared, such document shall be kept confidential according to the requirements of the state law. Section 25. Outside Employment Employees who plan to participate in any gainful occupation other than City service during off- duty time must secure written permission to do so from the Chief of Police. The City retains the right to refuse permission to any employee for such outside employment whenever it appears to the City that such outside employment would materially interfere with the proper performance of the City's service for which the employee has been hired, or that such outside employment may place the employee in a position of conflict with the City. In the event of illness or injury incurred by members so employed or arising out of such employment, the City will in no way be responsible for compensation or any other benefits. Use of City equipment or City identification by signs, insignia, or dress is permitted only while working for the City. No employee shall solicit outside employment while on duty for the City nor use his City position as an aid or leverage to gain outside employment. Section 26. Separability of Provisions In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. Section 27. Printing of Memorandum of Understanding The City shall print one hundred fifty (150) copies of this Memorandum of Understanding in booklet form including a table of contents. The City and the Association shall share the cost of the printing. The Association shall assume responsibility of distributing copies to represented employees. Section 28. Miscellaneous 28.1 Americans with Disabilities Act The City and the Association recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement the City contemplates action