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ARTICLE V <br /> MISCELLANEOUS <br /> 5. 01 No Dedication Intended. Nothing set forth herein shall be <br /> construed to be a gift or dedication, or offer of a gift or <br /> dedication, of the Property or any portion thereof to the general <br /> public or for any purposes whatsoever. <br /> 5. 02 Notices. Whenever any person gives or serves any notice, <br /> demand, or other communication with respect to this Covenant, each <br /> such notice, demand, or other communication shall be in writing and <br /> shall be deemed effective 1) when delivered, if personally <br /> delivered to the person being served or to an officer of a <br /> corporate party being served or official of a government agency <br /> being served, or 2) three (3) business days after deposit in the <br /> mail if mailed by United States mail, postage paid certified, <br /> return receipt requested: <br /> To: Lyon Communities, Inc. <br /> 1631 N. First <br /> Suite 100 <br /> San Jose, CA 95112 <br /> Copy to: Department of Toxic Substances Control <br /> Program and Administrative Support Division <br /> Technical Services Division <br /> Allen K. Wolfenden, Chief <br /> 400 P Street, 4th Floor <br /> Mail: P.O. Box 806 <br /> Sacramento, CA 95812-0806 <br /> 5. 03 Partial Invalidity. If any portion of the Restrictions set <br /> forth herein or terms is determined to be invalid for any reason, <br /> the remaining portion shall remain in full force and effect as if <br /> such portion had not been included herein. <br /> 5. 04 Article Headings. Headings at the beginning of each numbered <br /> article of this Covenant are solely for the convenience of the <br /> parties and are not a part of the Covenant. <br /> 5. 05 Recordation. This instrument shall be executed by the <br /> Covenantor and by the Director, California Department of Toxic <br /> Substances Control. This instrument shall be recorded by the <br /> Covenantor in the County of San Joaquin within ten (10) days of the <br /> date of execution. <br /> 5. 06 References. All references to Code sections include <br /> successor provisions. <br /> 5 <br />