18. in possession of the FRANCHISEE or

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18. INDEMNITY BY THE FRANCHISEE18.1 Without prejudice to any other indemnity obligations under this Agreement or in law that the FRANCHISEE is obliged to perform, The FRANCHISEE hereby agrees and undertakes to fully and effectively indemnify and keep indemnified “eSeva Pro” before as well as after the expiry or termination of this Agreement against:18.1.1 all loss, misappropriations, misuse or damage of or to the documents or any other security instruments which are in possession of the FRANCHISEE or its personnel or within the control of the FRANCHISEE or its personnel.18.1.2 Any  or  all  claims,  liabilities,  damages,  losses,  costs,  charges,  expenses, proceedings and actions of any nature whatsoever made or instituted against “eSeva Pro” and/or any customer directly or indirectly by reason of: any wrongful, incorrect, dishonest, criminal, fraudulent, or negligent work, misfeasance, disregard of duties by the FRANCHISEE  or its personnel; and or any theft, robbery, fraud or wrongful act or omission by the FRANCHISEE or its personnel; and/or18.1.2.3 Any breach of any of the provisions of this Agreement by the FRANCHISEE or its personnel; and/or18.1.2.4 Any loss or damage caused to “eSeva Pro” or its customers for any default or mistake or error or commission any act which is not authorised or done in accordance with the procedures laid down by “eSeva Pro”; and / or18.1.2.5 Any loss or delay in handing over the amount paid by the customers to “eSeva Pro”. For any act or omission of FRANCHISEE or employee or agent or representative of FRANCHISEE, punishable under Negotiable instruments act.18.2 “eSeva Pro” shall have no liability whatsoever for any injury to the FRANCHISEE or its personnel in the course of performance of the FRANCHISEE’s obligations under this Agreement.18.3. Notwithstanding anything stated anywhere in this Agreement, the FRANCHISEE shall be liable for any claims, losses, damages, costs, charges, expenses on account of incorrect calculations done by the FRANCHISEE or any of its personnel.18.4. Notwithstanding  anything  contained  in  this  Agreement  or  any  other  documents executed or to be executed between the parties, all indemnities shall survive expiry or termination of this Agreement and the FRANCHISEE shall continue to be liable under the indemnities.18.5. The FRANCHISEE shall ensure that on termination of services of any personnel or in the event of discontinuance of service of any person engaged by the FRANCHISEE, the FRANCHISEE shall withdraw all the authorisations given to such personnel and ensure that on termination or discontinuance of service due caution is exercised to ensure that under no circumstances the ex-personnel represent FRANCHISEE. The FRANCHISEE agrees to indemnify “eSeva Pro” against any loss or damage including attorney’s fees suffered by “eSeva Pro” for any act of the ex-personnel.

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