SITE INFORMATION AND CORRESPONDENCE

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moving or disturbing the soils and/or sediments in or on the Property. 4.03. Prohibited Activities. The following activities shall not be conducted at the Property: (a) Extraction of shallow groundwater for purposes other than site remediation or construction dewatering. 4.04. Non-Interference with Groundwater Remediation System (GRS]. Covenantor agrees: (a) All uses and development of the Property shall ,preserve the integrity and physical accessibility of any GRS, which may be required by San Joaquin County Environmental Health Division or the Regional Water Quality Control Board. 4.05. Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, monitoring, and other activities consistent with the purposes of this Covenant as deemed necessary by the Department in order to protect the public health or safety, or the environment. ARTICLE V ENFORCEMENT 5.01. Enforcement. Failure of the Covenantor, Owner, or Occupant to comply with any of the Restrictions specifically applicable to it shall be grounds for the Department to require that the Covenantor or Owner modify or remove any improvements ("Improvements" herein shall mean all buildings, roads, driveways, and paved parking areas), constructed or placed upon any portion of the Property in violation of the Restrictions. Violation of this Covenant shall be grounds for the Department to file civil or criminal actions as provided by law. ARTICLE VI VARIANCE, TERMINATION, AND TERM 6,01. Variance. Covenantor, or any other aggrieved person, may apply to the Department for a written variance from the provisions of this Covenant. Such application shall be made in accordance with H&SC section 25233. 6.02 Termination. Covenantor, or any other aggrieved person, may apply to the Department for a termination of the Restrictions or other terms of this Covenant as they 5�of 416 98 5SR . rJ