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(2) Terminate this Agreement by giving written notice to Seller of its • decision to do so, in which event Seller shall return the Deposit, earned interest and any Extension Payments and this Agreement shall terminate and neither party hereto shall have any further rights or obligations hereunder. d. Suitability of Property. Buyer's obligation to Close is contingent upon Buyer being satisfied within one hundred eighty (180) days after the execution of this Agreement that all aspects of the Property are suitable for the residential development contemplated by Buyer , including, but not limited to, soil conditions, environmental conditions, topographic conditions, availability to the Property of all utilities in sufficient capacity with appropriate recorded easements therefor, and access for ingress and egress to and from the Property and the public road system of the Commonwealth of Virginia. Unless Buyer notifies Seller in writing prior to the end of this one hundred eighty (180) day feasibility period that the Property is not suitable, Seller with justification may assume for purposes of this provision that the Property is "suitable" to Buyer and that Buyer is obligated to close. Buyer's obligation to Close is further contingent upon there being no adverse change in all such aspects of the Property prior to Closing. In the event that there is such adverse change(s), then Buyer shall notify Seller in writing of such adverse change(s) and Seller shall have fifteen (15) days after receipt of such notice to inform Buyer, in writing, whether it will attempt to remedy such adverse change(s) prior to Closing. If Seller fails to remedy such adverse change(s) to Buyer's satisfaction, Buyer shall have the right to either waive such adverse change(s) or to terminate this Agreement. • e. Financial Feasibility. Buyer's obligation to Close is contingent upon Buyer being satisfied within one hundred eighty (180) days after the execution of this Agreement that the residential development contemplated by Buyer is economically viable and financially feasible from Buyer's standpoint. Unless Buyer notifies Seller in writing prior to the end of this one hundred eighty (180) day period that development of the Property is not economically viable and financially feasible, Seller with justification may assume for purposes of this provision that the Property is "suitable" for development by the Buyer and that Buyer is obligated to close. f. Planned Unit Development, Site Plan, and Access Approval. Buyer's obligation to Close is contingent upon its having obtained final approval from The City of Charlottesville and its Planning Commission of (i) the Planned Unit Development, (ii) the related site plan, and (iii) adequate access. Buyer shall diligently pursue such approvals and shall use its best efforts to obtain all necessary approvals of this type on or prior to the Closing Date. Access approval for purposes of this contingency may also include other necessary parties such as the Virginia Department of Transportation or the County of Albemarle. 4.4. Conditions Not Met. In the event the conditions listed in Section 4.3 herein above, or any of them, are not fulfilled, through no fault of the party to be benefitted by such condition, and are not waived: 0 6