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Benevate Inc. (dba Neighborly Software) SAAS Services Order Form <br />(II) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration <br />must be given to the complexity of the work to be performed, the risk borne by the Vendor, the Vendor's <br />investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates <br />in the surrounding geographical area for similar work. <br />(III) Any agreement, amendment or change order for work performed on a time and materials basis shall include a <br />ceiling price that Vendor exceeds at its own risk. <br />15 <br />