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• <br /> Property to a third person. The Department shall not, by reason <br /> of the Covenant, have authority to approve, disapprove, or <br /> otherwise affect any sale, lease, or other conveyance of the <br /> Property except as otherwise provided by law, by administrative <br /> order, or by reason of this Covenant. <br /> 3 . 03 Enforcement. Failure of the Owner to comply with any of the <br /> requirements, as set forth in paragraph 3 . 01 shall be grounds for <br /> the Department, by reason of the Covenant, to have the authority <br /> to require that the Owner modify or remove any Improvements <br /> constructed in violation of that paragraph. Violation of the <br /> Covenant shall be grounds for the Department to enforce civil and <br /> criminal actions against the Owner as provided by law. <br /> 3 . 04 Notice in Agreements. All Owners and Occupants shall execute <br /> a written instrument which shall accompany all purchase, lease, <br /> sublease, or rental agreements relating to the Property. The <br /> instrument shall contain the following statement: <br /> "The land described herein contains hazardous waste or <br /> is within 2, 000 feet of land that contains hazardous <br /> waste. Such condition renders the land and the owner, <br /> lessee, or other possessor of the land subject to <br /> requirements, restrictions, provisions, and liabilities <br /> contained in Chapter 6. 5 and Chapter 6.8 of Division 20 <br /> of the Health and Safety Code. This statement is not a <br /> declaration that a hazard exists. " <br /> ARTICLE IV <br /> VARIANCE AND TERMINATION <br /> 4 . 01 Variance. Any Owner or, with the Owner's consent, any <br /> Occupant of the Property or any portion thereof may apply to the <br /> Department for a written variance from the provisions of this <br /> Covenant. Such application shall be made in accordance with <br /> Section 25233 , H&SC. <br /> 4 . 02 Termination. Any Owner or, with the Owner's consent, an <br /> Occupant of the Property or a portion thereof may apply to the <br /> Department for a termination of the Restrictions as they apply to <br /> all or any portion of the Property. Such application shall be made <br /> in accordance with Section 25234, H&SC. <br /> 4. 03 Term. Unless terminated in accordance with paragraph 4 . 02 <br /> above, by law or otherwise, this Covenant shall continue in effect <br /> in perpetuity. <br /> 4 <br />