SELLER, if an individual, represents SELLER is of legal age and has the capacity to enter into this Agreement. SELLER represents it is the sole owner, agent, fiduciary or trustee of Properties identified by SELLER on each Property Listing Agreement submitted to EnergyNet.com, LLC. If SELLER is a corporation, partnership or limited liability company, SELLER warrants and represents that the consummation of the transactions contemplated by this Agreement will neither violate nor be in conflict with any provision of the applicable Articles of Incorporation, By-Laws, Partnership Agreements, and/or Company Agreements and that the transactions contemplated by this Agreement have been duly and validly authorized by SELLER. Except as specifically set forth in this Agreement, SELLER represents that its execution of this Agreement will not conflict with or result in any breach, violation or default of any contract, loan, note or credit agreement of SELLER.
SELLER further represents that no third-party consent is required for SELLER to sell Properties. SELLER further represents that there is no litigation, proceeding or investigation pending or threatened against SELLER relating in any way to the Properties. SELLER further represents that, except as set forth in the Property Information, the Properties listed are free and clear from all encumbrances, liens, mortgages, pledges, production payments, and security interests created by SELLER, and any other defects of title that adversely affect or interfere with the operation or use of the Properties as currently operated or used or the ownership or value thereof.
SELLER has not incurred any obligation or liability contingent or otherwise other than those usual in day-to-day management, and SELLER has the authority to enter into this Agreement and to fully and freely convey the Properties identified on each Property Listing Agreement submitted. SELLER will not assign, dispose or encumber any Property submitted on a Property Listing Agreement during the Sale Term identified in Paragraph 19, without the prior written consent of EnergyNet.com, LLC.