Business Incremental Report

BUSINESS INCREMENTAL REPORT

This Business Incremental Report and Agreement (the "Report" and together with any attachments, the "Agreement") is entered into as of by and between (Reporting Party) and (Receiving Party).

WHEREAS

WHEREAS, the Reporting Party routinely implements incremental changes to its business operations, products, services, or customer base that may affect the scope, performance, or value of services provided to the Receiving Party; and

WHEREAS, the Receiving Party requires periodic, verifiable notice of such incremental changes to evaluate performance, update contractual obligations, and determine any adjustments to compensation or service levels; and

WHEREAS, the parties wish to set forth the reporting format, metrics, payment treatment of incremental results, and related contractual provisions in a written form acceptable to both parties.

SCOPE OF WORK / DESCRIPTION OF INCREMENTAL CHANGES

INCREMENTAL METRICS

Reporting Period:

Incremental revenue (gross): $

Percentage change vs. prior period:

Net new customers acquired:

Net change in full-time headcount:

PAYMENT TERMS

If any incremental deliverable or performance metric triggers compensation, the Payment Amount shall be: $.

Late payment assessment: on outstanding balances, calculated monthly.

TERM AND TERMINATION

Term start date: ; Term end date:

Either party may terminate this Agreement without cause upon days' prior written notice to the other party.

Termination for cause: Events constituting cause include material breach, insolvency, or willful misconduct. If termination for cause is invoked, the non-breaching party may seek equitable relief and recover damages as permitted by law.

CONFIDENTIALITY

Each party acknowledges that, in the course of performance and reporting, it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed in any form that is identified as confidential or that a reasonable person would understand to be confidential. Each party shall (a) hold Confidential Information in strict confidence, (b) not disclose it to any third party except to employees, agents, or contractors with a need to know who are bound by confidentiality obligations no less protective than those set forth herein, and (c) use Confidential Information solely for purposes of evaluating or performing obligations under this Agreement. The confidentiality obligations do not apply to information that is or becomes publicly known other than by a breach of this Agreement, is rightfully received from a third party without restriction, or is independently developed without use of the other party’s Confidential Information.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of law principles. Venue for any dispute shall lie in the state and federal courts located in the chosen jurisdiction unless the parties agree otherwise in writing.

ENTIRE AGREEMENT

This Agreement, including all attachments and referenced schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

CERTIFICATION

The Reporting Party certifies that, to the best of its knowledge, the information and metrics provided in this Report are true, complete, and accurate as of the reporting period stated above. The Reporting Party acknowledges that material misrepresentations may constitute a breach of this Agreement and entitle the Receiving Party to remedies including restitution, damages, and termination.

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