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Page 5 of 1~4 <br />c. that the Owner has the right, power, and authority to enter <br />into this Environmental Covenant, to grant the rights and <br />' .interests herein provided and to carry out all obligations <br />hereunder; and <br />d. that this Environmental Covenant will not materially <br />violate or contravene or constitute a material default under <br />any other agreement, document or instrument to which <br />Owner is a party or by which Owner may be bound or <br />affected <br />12. Amendment or Termination. 'This Envirronmental Covenant maybe amended or <br />terminated only by consent of all of the following: the Owner or a Transferee and the <br />Ohio EPA, pursuant to O.R.C §§ 5301.89 or 5301.90 and other applicable law. <br />"Amendment" means any changes to the Environmental Covenant, including the activity <br />and use limitations set forth herein, or the elimination of one or more activity and use <br />limitations when there is at least one limitation remaining. "Termination" means the <br />elimination of all activity and use (imitations set forth herein and all other obligations <br />under this Environmental Covenant. Amendment or termination shall not affect Mayfield <br />Village's obligations pursuant to the 401 Certification. <br />This Environmental Covenant may be amended or terminated only by a written <br />instrument duly executed by the Directox of Ohio EPA and the Owner or Transferee of <br />the Covenant Areas or portion~thereof, as applicable. Within thirty (30) days of signature <br />by all requisite parties on any amendment or termination of this Environmental Covenant, <br />the Owner or Transferee shall file such instrument for recording with the Cuyahoga <br />County Fiscal Officer, and shall provide a true copy of the recorded instrument to Ohio <br />EPA. <br />13. Severability. If any provision of this Environmental Covenant is found to be <br />unenforceable in any respect, the validity, legality, and enforceability of the remaining <br />provisions shall not in any way be affected or impaired. <br />14. Governing Law. This Environmental Covenant shall be governed by and <br />interpreted in accordance with the laws of the State of Ohio. <br />I5. Recordation. Within thirty (3U) clays alder the date~of the final required signature . <br />upon this Environmental Covenant, the Owner shall file this Environmental Covenant for <br />