FOUNDATION DESIGN SOILS REPORT WAIVER AND LIABILITY RELEASE AGREEMENT RECITALS: WHEREAS, the Client desires to engage RCS Enterprises, LP ("Engineer") to provide engineered foundation design services for the Project. WHEREAS, industry standard engineering practice and the Engineer's professional recommendations require that a geotechnical soils investigation ("Soils Report") be performed prior to the design of any engineered foundation system. WHEREAS, the Client has been fully informed of the professional recommendation to obtain a Soils Report prepared by a licensed geotechnical engineer, and has been advised of the risks of waiving such investigation. WHEREAS, the Client has elected, of their own free will and against the Engineer's professional recommendation, to proceed with engineered foundation design WITHOUT a Soils Report, and desires to release the Engineer from liability arising from the absence of such data. 1. CLIENT ACKNOWLEDGMENTS: The Client acknowledges (a) the Engineer has recommended a geotechnical soils investigation prior to foundation design; (b) the Client voluntarily elects to proceed without a soils report, freely and without coercion; (c) the Engineer must rely on assumed/published soil parameters, building department data, historical soil maps, and the Client's representations, which may not reflect actual conditions; (d) unknown or unforeseen subsurface conditions (expansive soils, compressible fill, high groundwater, soft clays, liquefaction-susceptible soils, organic materials, voids, contamination) may exist and may not be detectable without geotechnical investigation; (e) proceeding without a Soils Report may result in foundation systems not optimally designed for actual conditions, potentially causing differential settlement, cracking, foundation movement, structural distress, or failure; (f) the Engineer relies in good faith on Client-provided site information, which is not independently verified; (g) the Engineer cannot and does not guarantee performance of a foundation system designed without a geotechnical investigation. 2. RELEASE AND WAIVER OF LIABILITY: In consideration of the Engineer's willingness to provide foundation design services without a Soils Report, the Client, on behalf of themselves and their heirs, assigns, successors, and representatives, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Engineer and its officers, directors, employees, agents, subconsultants, and insurers ("Released Parties") from any and all claims, damages, losses, costs, and liabilities arising from or related to: the absence of a soils investigation; use of assumed or generalized soil parameters; any discrepancy between assumed and actual subsurface conditions; settlement, movement, cracking, distress, or property damage from unforeseen soil conditions; additional costs for redesign or remediation; third-party claims arising from performance of the foundation; and consequential, incidental, indirect, or punitive damages. This release applies to the Engineer's ordinary negligence to the extent permitted by law, but not to gross negligence, willful misconduct, or fraud. 3. INDEMNIFICATION: The Client shall defend, indemnify, and hold harmless the Released Parties from third-party claims arising out of the Client's decision to proceed without a Soils Report, actual conditions differing from design assumptions, or inaccurate Client representations regarding site conditions. 4. SCOPE OF ENGINEER'S SERVICES: The Engineer's foundation design is limited to design based on assumed/published soil parameters, and expressly excludes subsurface exploration, soil sampling/testing, determination of actual bearing capacity/settlement, evaluation of expansive soil or corrosivity, identification of fill/organic/collapsible soils, and site-specific seismic/liquefaction analysis. 5. RIGHT TO REQUIRE SOILS REPORT, DECLINE, OR SUSPEND SERVICES: The Engineer may review general/published soils data and may require a site-specific soils report before proceeding if heightened risk is indicated. The Engineer may decline to provide or complete the foundation design at its sole professional judgment without liability, and the Client remains responsible only for fees for services rendered to that point. The Engineer may suspend or terminate services if conditions observed during construction are materially inconsistent with assumed parameters and present a safety risk, and may require a soils report before resuming. 6. GENERAL PROVISIONS: This Agreement is the entire agreement between the parties on this subject; if any provision is invalid it is severable from the rest; it is governed by the law of the state where the Project is located; the Client represents they have read and understood this Agreement, had the opportunity to consult an attorney, and sign freely and voluntarily; electronic/digital signatures are valid and binding; this Agreement may only be amended in writing signed by both parties. BY SIGNING BELOW, THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS AND CONDITIONS OF THIS SOILS REPORT WAIVER AND LIABILITY RELEASE AGREEMENT.