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reasonably necessary to restrict the use of the Property in order to protect present or <br /> future human health or safety or the environment, and that this Covenant is required as <br /> part of the Department-approved remedy for the Property. The Department has also <br /> concluded that the Site , as remediated , and when used in compliance with the <br /> Environmental Restrictions of this Covenant, does not present an unacceptable risk to <br /> present and future human health or safety or the environment. <br /> ARTICLE II <br /> DEFINITIONS <br /> 2 . 1 . Department. "Department' means the California Department of Toxic <br /> Substances Control and includes its successor agencies, if any. <br /> 2 .2 . Environmental Restrictions . " Environmental Restrictions" means all <br /> protective provisions , covenants, restrictions, requirements , prohibitions , and terms and <br /> conditions as set forth in this Covenant. <br /> 2 . 3 . Improvements . 'Improvements" includes, but is not limited to buildings, <br /> structures , roads , driveways , improved parking areas , wells, pipelines, or other utilities. <br /> 2 .4 . Lease. "Lease" means lease , rental agreement, or any other document <br /> that creates a right to use or occupy any portion of the Property. <br /> 2 .5 . Occupant. "Occupant' or "Occupants" means Owner and any person or <br /> entity entitled by ownership , leasehold , or other legal relationship to the right to occupy <br /> any portion of the Property. <br /> 2 .6 . Owner. "Owner" or "Owners" means the Covenantor, and any successor <br /> in interest including any heir and assignee, who at any time holds title to all or any <br /> portion of the Property. <br /> ARTICLE III <br /> GENERAL PROVISIONS <br /> 3. 1 . Runs with the Land . This Covenant sets forth Environmental Restrictions <br /> that apply to and encumber the Property and every portion thereof no matter how it is <br /> improved , held , used , occupied , leased , sold , hypothecated , encumbered , or conveyed . <br /> This Covenant: (a) runs with the land pursuant to Civil Code section 1471 and Health <br /> and Safety Code section 25355 .5 . ; (b) inures to the benefit of and passes with each and <br /> every portion of the Property; (c) is for the benefit of, and is enforceable by the <br /> Page 4 <br />