Proximate Cause Sample Clauses

Proximate Cause. A cause which, in a natural and continuous sequence, produces the fatal injury, without which cause the injury would not have occurred. Reasonable foreseeability of the fatal injury is not a factor relevant to this definition. (26)

Proximate Cause. The fee provision in the basic agreement does not expressly require the recruiting firm to prove that its referral of a candidate is the proximate cause of the client’s employment of the candidate. Nevertheless, since some courts might still require such proof even in the absence of an express provision, many recruiting firms prefer to include language requiring proximate cause as a condition of earning their fee. This makes it less likely that the client will find itself in a position where it owes fees to more than one recruiting firm and may help prevent fee disputes. The following provision may be added to the Fees and Expenses section of the basic agreement to expressly incorporate the concept of proximate cause: RECRUITING FIRM’S fee is earned if the firm is a cause of a candidate accepting a position with CLIENT, or any related company, in any capacity, as employee, consultant, or independent contractor. On the other hand, even though it may be harder to sell to a client, a recruiting firm may wish to use a provision that expressly states that the firm is entitled to a fee even if it is not the proximate cause of the placement. The following language accomplishes that through the use of the phrase “or otherwise”: RECRUITING FIRM’S fee is earned if a candidate referred by RECRUITING FIRM accepts a position, as a result of RECRUITING FIRM’S referral or otherwise, with CLIENT, or any related company, in any capacity, as employee, consultant, or independent contractor, within 12 months of the most recent activity on behalf of that candidate by RECRUITING FIRM.