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ARTICLE III TERMINATION (1) This Agreement shall be in effect for as long as the Company remains covered under the Treaty, provided that during the term of this Agreement the Company continues to pay premiums due pursuant to the terms of the Treaty. In the event premiums are not paid and coverage lapses, this Agreement shall terminate immediately. (2) Upon termination of coverage for any other reason, this Agreement shall terminate. (3) Upon failure to pay fees due under this Agreement, this Agreement shall terminate. (4) In the event of termination during a Treaty Year, the Company shall not be entitled to retain any amount of Accommodation which may have been paid under the terms of this Agreement. Any such amount must be immediately repaid to the Reinsurer. ARTICLE IV GENERAL PROVISIONS (I) OTHER CONTRACTS. This Agreement supersedes any and all other contracts, either oral or in writing, between the parties hereto to the extent the provisions of this Agreement are inconsistent with such other contract. (2) NON-WAIVER. The failure of either party to this Agreement to exercise any right or privilege herein contained, even if known, shall not be deemed a waiver of any such right or privilege or a waiver of any rights or remedies hereunder, present or future. (3) SEVERABILITY. If any term or provision of this Agreement is held by a court to be illegal or in conflict with federal or state law, the validity of the remaining terms and provisions hereof shall not be affected. (4) ASSIGNMENT. This Agreement is not assignable or transferable by the Company without the Reinsurer's prior written approval. This Agreement has been signed as shown below on behalf of the Reinsurer. AMERICAN NATIONAL INSURANCE COMPANY v;1 ~\ ~ Secretary ELT-l AAA (rev. 9/98) Page3 of 3