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ARTICLE IV VARIANCE AND TERMINATION 4.1 Variance. Any Owner or,with the Owner's consent,any Occupant of the Burdened Property or any portion thereof may apply to the Department for a written variance from the provisions of this Covenant. Such application shall contain (1) a statement of who is applying for the variance, (2) the proposed variance, (3) a statement of reasons in support of the granting of the variance,and (4) such other information as may be reasonably requited by the Department. Any applicant seeking a variance of the Restrictions shall pay the Board all costs incurred by the Department in processing the application. 4.2 Termination. Any owner or,with the Owner's consent,any Occupant of the Property or a portion thereof may apply to the Board for a termination of the Restrictions as they apply to all or any portion of the Property. Any applicant seeking termination of the Restrictions shall pay the Department all costs incurred by the Department in processing the application. 4.3 Term. Unless terminated in accordance with Paragraph 4.2 above,by law, or otherwise,this Covenant shall continue in effect in perpetuity. ARTICLE V MISCELLANEOUS 5.1 No Dedicated Intended. Nothing set forth herein 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 for any purposes whatsoever. 5.2 Notices. Whenever any person gives or serves any notice, demand, or other communication with respect to this Covenant, each such notice,demand, or other communication shall be in writing and shall be deemed effective (1) when delivered to all other parties,if personally delivered to the person being served or to an officer of a corporate party being served or an official of a government agency being served or (2) three (3) business days after deposit in the mail to all other parties if sent by United States mail not including weekends or federal holidays,postage paid certified,return receipt requested, or 3) one (1) business day after deposit with Federal Express or similar overnight courier not including weekends or federal holidays: 5.3 Partial Invalidity. If any portion of this Covenant is determined to be invalid for any reason, the remaining portion shall remain in full force and effect as if such portion had not been included herein. 5.4 Article Headings. Headings at the beginning of each numbered article of this Covenant are solely for the convenience of the parties are not a part of the Covenant. 5.5 Recordation. This instrument shall be executed by the Covenantor and by the Department. This instrument shall be recorded by the Owners in the County of San Joaquin within ten (10) days of the date of execution.