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substances" (as define by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et sea., as amended) or "hazardous wastes" (as defined by the • Resource Conservation Act, 15 U.S.C. Section 2601 et sea., as amended). 4.2 Upon receipt of the Authority's prior written consent, Optionee may, at its own expense, conduct additional environmental testing of the Property. Upon receipt of Authority's prior written consent, Optionee may also, at its own expense, enter upon the Property during the option period to make any test borings, drainage tests, surveys, engineering and architectural studies, and for other purposes, to ascertain the suitability of the Property for Optionee's purpose. Prior to the time Optionee enters into any contract with a soils engineer, Authority shall have the right to approve the soils engineer selected by the Optionee. No such consent or approval shall be unreasonably withheld or delayed. is Section 5. Agreement Contingent Upon City Council Approval. This Agreement is contingent upon occurrence of one of the following events: (a) approval of the Agreement by City Council within thirty (30) days of the date of the Authority approves the Agreement; or (b) waiver of the City Council's opportunity to review the Agreement by delivery of notice of such waiver to Optionee and Authority at any time within such thirty (30) day period. In the absence of such approval or waiver, the Agreement shall be deemed void and of no effect and the waiver period may be made shorter or longer by written consent of Optionee and the City Manager of the City of Charlottesville after the City Manager has obtained permission for such change from a majority of City Council. Neither the Authority nor City Council will entertain or consider other purchase agreements or development agreements for the Property during the thirty (30) day period. Section 6. Miscellaneous. 6.1 Any notice, election, or consent required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given when hand delivered or when delivered by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To Authority: Charlottesville Industrial Development Authority c/o James Gahres P.O. Box 911 Charlottesville, VA 22902 To Ootionee: Piedmont Building & Development Corporation c/o Kurt Schlegel 911 East Jefferson Street Charlottesville, VA 22902 . Page 3