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THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 50-99 <br /> <br />A BY-LAW TO AUTHORIZE TALISMAN ENERGY INC. TO <br />CONSTRUCT, USE AND OPERATE WORKS REQUIRED FOR <br />THE TRANSMISSION OF OIL, NATURAL GAS AND BRINE <br />ALONG COUNTY ROADS IN THE COUNTY OF ESSEX. <br /> <br /> WHEREAS Talisman Energy Inc. (herein called the "Producer") <br />desires the right to use certain portions of the allowances of road which <br />are under jurisdiction of the Corporation for the purpose of conducting by <br />pipe oil, natural gas, natural gas liquids or brine upon the terms and <br />conditions hereinafter set forth; <br /> <br /> AND WHEREAS the Council of the Corporation of the County of Essex is <br />prepared to grant to the Producer the rights described in Section 1 for the period <br />described in Section 2 upon the terms and conditions of the Gathering Line <br />Agreement described in Section 3; <br /> <br /> AND WHEREAS the prior approval of the Ontario Energy Board may be <br />required under the provisions of the Municipal Franchises Act but the present <br />counsel to the said Board and of the Producer are of the opinion that the said Act <br />does not apply to require such approval and the Ontario Ministry of Natural <br />Resources has given assurances to the Corporation that such approval is not <br />required; <br /> <br /> AND WHEREAS the Corporation is prepared to rely upon such opinions <br />and assurances but only on the basis that, in the event that this By-law and the <br />Agreement authorized by this By-law are invalid for want of Ontario Energy <br />Board Approval, the Producer will deactivate the product system, as hereinafter <br />defined, and that the Agreement provide accordingly; <br /> <br /> AND WHEREAS the Producer has agreed to deactivate the said product <br />system in the event that this By-law is determined to be invalid for want of <br />Ontario Energy Board Approval; <br /> <br /> NOW THEREFORE, in pursuance of the Municipal Act and all other <br />powers thereunto enabling, the Council of the Corporation of the County of <br />Essex, hereby enacts as a By-law as follows: <br /> <br /> <br />