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ARTICLE V

ENFORCEMENT

5.01. Enforcement. Failure of the Covenantor and/or Owner to comply with any of the

Restrictions specifically applicable to it shall be grounds for the Department, by reason of this

Covenant, to require that the Covenantor and/or Owner modify or remove any improvements.

"Improvements" means all buildings, roads, driveways, and paved parking areas, constructed or

placed upon any portion of the Capped Property constructed in violation of the Restrictions.

Violation of this Covenant shall be grounds for the Department to file civil and/or criminal

actions against the Covenantor and/or Owner as provided by law.

ARTICLE VI

VARIANCE, TERMINATION, AND TERM

6.01. Variance. Any Owner, or with the Owner's written consent, any Occupant of the

Property or any portion of the Property may apply to the Department for a written variance from

the provisions of this Covenant. The application shall be made in accordance with Health and

Safety Code section 25202.6.

6.02. Termination. Any Owner, or with the Owner's written consent, any Occupant of the

Property or any portion of the Property, may apply to the Department for a termination of the

Restrictions or other terms of this Covenant as they apply to all or any portion of the Property.

Such application shall be made in accordance with Health and Safety Code section 25202.6.

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