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any portion of the Property. Any applicant seeking tevTiination of the Restrictions shall pay the <br /> Department all costs incurred by the Department in processing the application. <br /> 4.3 Term. Unless terminated in accordance with Paragraph 4.2 above,by law,or otherwise, this <br /> Covenant shall continue in effect in perpetuity. <br /> ARTICLE V <br /> MISCELLANEOUS <br /> 5.1 No Dedicated Intended. Nothing set forth herein shall be construed to be a gift or <br /> dedication, or offer of a gift or dedication, of the Property or any portion thereof to the general <br /> public or for any purposes whatsoever. <br /> 5.2 Notices. Whenever any person gives or serves any notice,demand,or other communication <br /> with respect to this Covenant, each such notice, demand, or other communication shall be in writing <br /> and shall be deemed effective (1)when delivered to all other parties,if personally delivered to the <br /> person being served or to an officer of a corporate party being served or an official of a government <br /> agency being served or(2) three (3) business days after deposit in the mail to all other parties if sent <br /> by United States mail not including weekends or federal holidays,postage paid certified,return <br /> receipt requested, or 3) one (1) business day after deposit with federal Express or similar overnight <br /> courier not including weekends or federal holidays: <br /> 5.3 Partial Invalidity. If any portion of this Covenant is determined to be invalid for any reason, <br /> the remaining portion shallremain in full force and effect as if such portion had not been included <br /> herein. <br /> 5.4 Article Headings. Headings at the beginning of each numbered article of this Covenant are <br /> solely for the convenience of the parties are not a part of the Covenant. <br /> 5.5 Recordation. This instrument shall be executed by the Covenantor and by the Department. <br /> This instrument shall be recorded by the Owners in the County of San Joaquin within ten (10)days <br /> of the date of execution. <br /> 5.6 References. All References to Code sections include successors provisions. <br /> 5.7 Construction. Any general rule of construction to the contrary notwithstanding, this <br /> instrument shall be liberally construed in favor of the Covenant to effect the purpose of this <br /> instrument and the policy and purpose of the Water Code. If any provision of this instrument is <br /> found to be ambiguous,an interpretation consistent with the purpose of this instrument that would <br /> render the provision valid shall be favored over any interpretation that would render it invalid. <br />