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. <br /> deviations in Claim adjudications from the provisions of <br /> this Agreement as a result of such reasonable admini- <br /> strative practices shall not be considered errors. <br /> VIII . LATE PAYMENTS AND REMEDIES <br /> A. If the Employer fails to pay when due any amount required <br /> to be paid to the Claim Administrator hereunder, and such <br /> default is not cured within ten ( 10 ) days of written <br /> notice to the Employer, the Claim Administrator may, at <br /> its option, terminate this Agre�ment as of the effective <br /> date specified in such notice . <br /> B. If either the Employer or the Claim Administrator fails <br /> to perform any obligation or covenant provided hereunder, <br /> other than those specified in VIII .A. above, and such <br /> detault is not cured within thirty ( 30 ) days of written <br /> notice to the defaulting party, then the party providing <br /> such notice may, at its option, terminate this Agreement <br /> as of the effective date specified in such notice . <br /> C. All rights and remedies given to the Employer or the <br /> Claim Administrator under this Agreement shall be dis- <br /> tinct, separate and cumulative, and the use of one or <br /> more thereof shall not exclude or waive any other right <br /> or remedy allowed at law or in equity, unless specifi- <br /> cally waived in this Agreement. Further, no waiver of <br /> any breach or default of either party hereunder shall be <br /> implied from any omission by the other party to take any <br /> action on account of any similar or different breach or <br /> default. Nor shall the Claim Administrator' s failure to <br /> provide the Employer with timely notice of any amount due <br /> hereunder be considered a waiver of payment of any amount <br /> which may otherwise be due hereunder from the Employer . <br /> D. If the Employer fails to make any payment required by <br /> this Agreement when due, the Claim Administrator, at its <br /> option, may charge interest on such late payment or pay- <br /> ments from the due date at an annual rate of twelve ( 12� ) <br /> percent. <br /> In addition, if the Employer becomes insolvent, however <br /> evidenced, or is in default of its obligation to make any <br /> Transfer Payment as provided hereunder, or if any other <br /> default hereunder has occurred and is continuinq, then <br /> any indebtedness of the Claim Administrator to the <br /> Employer ( including any and all contractual obligations <br /> of the Claim Administrator to the Employer) may be offset <br /> and/or recouped and applied toward the payment of the <br /> Employer' s obligations hereunder, whether or not such <br /> obligations, or any part thereof, shall then be due the <br /> Employer . <br /> E. If the Claim Administrator terminates this Agreement for <br /> failure of the Employer to make payment or payments due <br /> -7- <br />