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'Covenant to Restrict Use of Property - Environmental Restriction Page 5 APN 212-160-10 20500 Holly Drive, Tracy possessory encumbrances, and excluding transfers to affiliated parties) , the new Owner shall provide to the Water Board notice of such conveyance. The Water Board shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law, by administrative order, or by a specific provision of this Covenant. 3 . 07 Access for Water Board. The Water Board shall have reasonable right of entry and access on and across all public portions of the Property, reasonable right of entry and access on and across any drive aisles and parking areas for access across the Property to the Impacted Portion of the Property for inspection, monitoring, and other activities consistent with the purposes of this Covenant as reasonably deemed necessary by the Water Board in order to protect the public health or safety, or the environment. ARTICLE IV ENFORCEMENT 4 . 01 . Enforcement . Failure of the Covenantor, Owner or Occupant to materially comply with any of the Restrictions specifically applicable to it within sixty (60) days after its receipt of written notice from the Water Board that describes a violation of the Restrictions shall be grounds for the Water Board 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 on the Property in violation of the Restrictions . Any material violation of this Covenant which is not cured within sixty (60) days after the Covenantor or Owner' s receipt of written notice from the Water Board that describes the violation of this Covenant shall be grounds for the Water Board to file administrative and/or civil or criminal actions as provided by law. Nothing in this Covenant shall limit the Water Board' s authority under Division 7 (commencing with section 13000) of the Water Code or other applicable laws. ARTICLE V VARIANCE, TERMINATION, AND TERM 5 . 01 . Variance. Covenantor, or any other aggrieved person, may apply to the Water Board for a written variance from the provisions of this Covenant as they apply to all or any portion of the Property described in Exhibit A. 5 . 02 . Termination. Covenantor, or any other aggrieved person, may apply to the Water Board for a termination of the Restrictions or other terms of this Covenant as they apply to all or any portion of the Property described in Exhibit A.