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To Regional Water Board: Executive Officer California Regional Water Quality Control Board Central Valley Region 11020 Sun Center Drive #200 Rancho Cordova, CA 95670-6114 To Covenantor: PW Fund B Development, LLC Attn. Legal Dept. 555 Capitol Mall, Suite 900 Sacramento, CA 95814 Any party may change its address or the individual to whose attention a notice is to be sent by giving written notice in compliance with this paragraph. 7.03 Partial Invalidity. If any portion of the Restrictions or other term set forth herein is determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been included. 7.04 Exhibits. All exhibits referenced in this Covenant are deemed incorporated into this Covenant by reference. 7.05 Statutory References. All statutory references include successor provisions. 7.06 Monitoring Wells. Access to all soil gas and/or groundwater monitoring wells located on the Property shall be maintained providing for Regional Water Board access to the soil gas and/or groundwater monitoring wells until such time as the Regional Water Board determines that the wells are no longer necessary. Upon concurrence of the Regional Water Board, the Owner shall be responsible to destroy the soil gas monitoring wells SGMWI and SGMW2 according to San Joaquin County Environmental Health Department standards. Owner is not responsible for destruction of the existing ground water monitoring wells on the Property which are related to an investigation/remediation of the nearby Occidental Chemical property). 7.07 Inspection and Reporting Requirements. The Owner shall conduct an annual inspection of the Property and an Annual Inspection Report shall be submitted to the Regional Water Board for its approval by January 15th of each year. The inspection shall entail evaluation of compliance with Sections 401 and 4.02. The annual report must include the dates, times, and names of those who conducted and reviewed the annual inspection report. It also shall describe how the observations were performed that were the basis for the statements and conclusions in the annual report. The Annual Inspection Report shall also evaluate compliance with section 4.03. If violations are noted, the annual report must detail the steps taken to return to compliance. Additionally, copies of any correspondence related to the enforcement of this Covenant shall be sent to the Regional Water Board within ten (10) days of its original transmission. 7.08 Recordation. The Covenantor shall record this Covenant, with all referenced Exhibits, in the County of San Joaquin within ten (10) days of the Covenantor's receipt of a fully executed original.