Common use of Definition of Just Cause Clause in Contracts

Definition of Just Cause. As used in this Agreement, the term "just cause" will mean any one or more of the following events: (a) theft, fraud, dishonesty, or misappropriation by Employee involving the property, business or affairs of the Company or the discharge of Employee's responsibilities or the exercise of his or her authority; (b) willful misconduct or the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the Company; (c) Employee's gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company; (d) Employee's conviction of a criminal or other statutory offence that constitutes a felony, or which has a potential sentence of imprisonment greater than six (6) months or Employee's conviction of a criminal or other statutory offence involving, in the sole discretion of the Board of Directors of EFI, moral turpitude; (e) Employee's material breach of a fiduciary duty owed to the Company; (f) any material breach by Employee of the covenants contained in the Confidentiality and Non-Solicitation Agreement between Employee and Energy Fuels Resources (USA) Inc. or Employee's failure to enter into a Confidentiality and Non-Solicitation Agreement as required by and within the time provided in Article 5 below; (g) Employee's unreasonable refusal to follow the lawful written direction of the Board of Directors of EFI on any material matter; (h) any conduct of Employee which, in the reasonable opinion of the Board of Directors of EFI, is materially detrimental or embarrassing to the Company; or (i) any other conduct by Employee that would constitute "just cause" as that term is defined at law. Except to the extent explicitly provided in Section 5.1, the Company must provide written notice to Employee prior to termination for just cause pursuant to Section 3.4 (c), (f), (g), (h), or (i) and provide Employee the opportunity to correct and cure the failure within thirty (30) days from the receipt of such notice. If the parties disagree as to whether the Company had just cause to terminate the Employee's employment, the dispute will be submitted to binding arbitration pursuant to Section 6.10 below.

Appears in 5 contracts

Samples: Employment Agreement (Energy Fuels Inc), Employment Agreement (Energy Fuels Inc), Employment Agreement (Energy Fuels Inc)

AutoNDA by SimpleDocs

Definition of Just Cause. As used in this Agreement, the term "just causeJust Cause" will mean any one or more of the following events: (a) theft, fraud, dishonesty, or misappropriation by Employee involving the property, business or affairs of the Company or the discharge of Employee's responsibilities or the exercise of his or her authority; (b) willful misconduct or the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the Company; (c) Employee's gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company; (d) Employee's conviction of a criminal or other statutory offence that constitutes a felony, or which has a potential sentence of imprisonment greater than six (6) months or Employee's conviction of a criminal or other statutory offence offense involving, in the sole discretion of the Board of Directors of EFI, moral turpitude; (e) Employee's material breach of a fiduciary duty owed to the Company; (f) any material breach by Employee of the covenants contained in the Confidentiality and Non-Solicitation Agreement between Employee and Energy Fuels Resources (USA) Inc. or Employee's failure to enter into a Confidentiality and Non-Solicitation Agreement as required by and within the time provided in Article 5 below; (g) Employee's unreasonable refusal to follow the lawful written direction of the Board of Directors of EFI on any material matter; (h) any conduct of Employee which, in the reasonable opinion of the Board of Directors of EFI, is materially detrimental or embarrassing to the Company; or (i) any other conduct by Employee that would constitute "just cause" as that term is defined at law. Except to the extent explicitly provided in Section 5.1, the Company must provide written notice to Employee prior to termination for just cause pursuant to Section 3.4 (c), (f), (g), (h), or (i) and provide Employee the opportunity to correct and cure the failure within thirty (30) calendar days from the receipt of such notice. If the parties disagree as to whether the Company had just cause to terminate the Employee's employment, the dispute will be submitted to binding arbitration pursuant to Section 6.10 9.10 below.

Appears in 2 contracts

Samples: Employment Agreement (Energy Fuels Inc), Employment Agreement (Energy Fuels Inc)

AutoNDA by SimpleDocs

Definition of Just Cause. As used in this Agreement, the term "just cause" will mean any one or more of the following events: (a) theft, fraud, dishonesty, misappropriation, or misappropriation willful misconduct by Employee involving the property, business or affairs of the Company or the discharge of Employee's responsibilities or the exercise of his or her authority; (b) willful misconduct or the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the CompanyCompany after notice by the Company of the failure to do so and an opportunity for Employee to correct the failure within thirty (30) days from the receipt of such notice; (c) Employee's gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company; (d) Employee's ’s conviction of a criminal or other statutory offence that constitutes a felony, felony or which has a potential sentence of imprisonment greater than six (6) months or Employee's conviction of a criminal or other statutory offence involving, in the sole discretion of the Board of Directors of EFIDirectors, moral turpitude; (e) Employee's material breach of a fiduciary duty owed to the Company; (f) any material breach by Employee of the covenants contained in the Confidentiality and Non-Solicitation Agreement between Employee and Energy Fuels Resources (USA) Inc. Articles V or Employee's failure to enter into a Confidentiality and Non-Solicitation Agreement as required by and within the time provided in Article 5 VI below; (g) Employee's unreasonable refusal to follow the lawful written direction of the Board Chief Executive Officer of Directors of EFI the Company on any material matter; (h) any conduct of Employee which, in the reasonable opinion of the Chief Executive Officer of the Company or Board of Directors of EFIDirectors, is materially detrimental or embarrassing to the Company; or (i) any other conduct by Employee that would constitute "just cause" as that term is defined at law. Except to the extent explicitly provided in Section 5.1, the Company must provide written notice to Employee prior to termination for just cause pursuant to Section 3.4 (c), (f), (g), (h), or (i) and provide Employee the opportunity to correct and cure the failure within thirty (30) days from the receipt of such notice. If the parties disagree as to whether the Company had just cause to terminate the EmployeeExecutive's employment, the dispute will be submitted to binding arbitration pursuant to Section 6.10 7.9 below.

Appears in 1 contract

Samples: Employment Agreement (Energy Fuels Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!