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Page 3 of I4 herbicides or pesticides on the Covenant Areas is prohibited, other than the removal or control of invasive and noxious species and control activities that are authorized by the 401 Mitigation Plan approved by the Ohio EPA; Dumying: Waste, garbage and unsightly or offensive materials are not permitted and may not be accumulated on the Covenant Areas; and Water Courses: Natural water courses and streams and adjacent riparian buffers may not be dredged, straightened, filled, channelitzed, impeded, diverted or otherwise altered on the Covenant Areas, other than as part of activities that are authorized by the 401 Mitigation Plan approved by the Ohio EPA. 6. Running with the Land. This Environmen#al Covenant shall be binding upon the Owner and all assigns and successors in interest, including any Transferee, and shall run with the land, pursuant to O.RC § 5301.85, subject to amendment or termination as set forth herein. The term "Transferee" as used in this Environmental Covenant, shall mean any ~fizture owner of any interest in the Covenant Areas or any portion thereof, including, but not limited to, owners of an interest in fee simple, mortgagees, easement holders, and/or lessees. 7. Compliance Enforcement. Compliance with this Environmental Covenant maybe enforced pursuant to O.R.C. § 5301.91 or other applicable law. Failure to timely enforce compliance with this Environmental Covenant or the use limitations contained herein by any party shall not bar subsequent enforcement by such paxty and shall not be deemed a waiver of the party's right to take action to enforce any provision of this Covenant. Nothing in this Environmental Covenant shall restrict the Director of Ohio EPA from exercising any authority under applicable law in order to protect public health or safety or the environment. 8. Rights of Access. Owner hereby grants to Ohio EPA, their agents, contractors, and employees the right of access to the Covenant Areas in connection with the implementation or enforcement of this Environmental Covenant.