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at the Property. The Regional Water Board shall to the extent possible provide reasonable advance notice to, and coordinate with, the Owner and Occupant of the Property, as appropriate, regarding access requirements. ARTICLE V-ENFORCEMENT 5.01 Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Regional Water Board to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, including but not limited to, failure to submit, or the submission of any false statement, record or report to the Regional Water Board, shall be grounds for the Regional Water Board to pursue administrative, civil or criminal actions, as provided by law. 5.02 No Preemption. Nothing in this Covenant is intended to preempt the State's authority to implement and enforce applicable laws. ARTICLE VI-VARIANCE, TERMINATION, AND TERM 6.01 Variance. The Owner, or any other aggrieved person, may apply to Regional Water Board for a written variance from the provisions of this Covenant. The Regional Water Board will grant the variance only after finding that such a variance would be protective of human health, safety and the environment. 6.02 Termination or Modification. The Owner, or any other aggrieved person, may apply to the Regional Water Board for a termination or modification of one or more terms of this Covenant as they apply to all or any portion of the Property. 6.03 Term. This Covenant shall continue in effect in perpetuity unless ended in accordance with the Termination paragraph above, by law, or by the State in the exercise of its discretion. The parties agree that the State shall terminate this Covenant if and when all waste material has been removed from the Site and the groundwater pollution, as defined above, has been fully remediated, as determined by the Regional Water Board, so long as this Covenant is no longer reasonably necessary to protect present or future human health or safety or the environment as a result of potential risk related to the possible presence on the land of hazardous materials. This Covenant may also be terminated at an earlier point in time in accordance with the provisions of Section 6.02, above. ARTICLE VIl-MISCELLANEOUS 7.01 No Dedication or Taking. Nothing set forth in this Covenant shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or any portion thereof to the general public or anyone else for any purpose whatsoever. Further, nothing set forth in this Covenant shall be construed to affect a taking under state or federal law. 7.02 Notices. Whenever any person gives or serves any notice ("notice" as used here includes any demand or other communication with respect to this Covenant), each such notice shall be in writing and shall be deemed effective: when delivered, if personally delivered to the person being served or three (3) business days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: