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shall be carried out pursuant to the Implementation & Enforcement Operation and Maintenance

Plan approved by the Department on April 1, 2004. The Final Risk Assessment approved by the

Department on March 25, 2002, concluded that use of the Property as a residence, hospital,

school for persons under the age of 21, or day care center might entail an unacceptable cancer

risk. The Department further concluded that restricting future land use of the Property to

commercial/industrial use is protective of human health or safety and the environment.

Groundwater at the Property is first found at 14 feet below ground surface. No contaminants

greater than the California maximum contaminant level (MCL) were detected in the groundwater

samples.

ARTICLE II

DEFINITIONS

2.01. Department. "Department" means the California Department of Toxic Substances

Control and its successor agencies, if any.

2.02. Owner. "Owner" means the Covenantor, its successors in interest, and their

successors in interest, including heirs and assigns, who at any time hold title to all or any portion

of the Property.

2.03. Occupant. "Occupant" means Owners and any persons or entities entitled by

ownership, leasehold, or other legal relationship to the right to occupy any portion of the

Property.

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