DEATH OR PROPERTY DAMAGE OCCURRING ON, IN OR ABOUT THE
PROPERTY (AND ADJOINING STREETS, SIDEWALKS AND WATERWAYS) OF F.Y.I. AND ITS
SUBSIDIARIES, IN SUCH AMOUNTS AS ARE THEN CUSTOMARY FOR PROPERTY SIMILAR IN USE
IN THE JURISDICTIONS WHERE SUCH PROPERTIES ARE LOCATED.
(IV)
WORKER'S COMPENSATION INSURANCE.
WORKER'S COMPENSATION INSURANCE
(INCLUDING EMPLOYERS' LIABILITY INSURANCE) TO THE EXTENT REQUIRED BY APPLICABLE
LAW, WHICH MAY BE SELF-INSURANCE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(V)
PRODUCT LIABILITY INSURANCE.
INSURANCE AGAINST CLAIMS FOR BODILY
INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM THE USE OF PRODUCTS SOLD BY
F.Y.I. OR ANY OF ITS SUBSIDIARIES TO THE EXTENT AND IN SUCH AMOUNTS AS THEN
CUSTOMARILY MAINTAINED BY RESPONSIBLE PERSONS ENGAGED IN BUSINESSES SIMILAR TO
THAT OF F.Y.I. AND/OR ANY OF ITS SUBSIDIARIES.
(VI)
BUSINESS INTERRUPTION INSURANCE.
INSURANCE AGAINST LOSS OF
OPERATING INCOME EARNED FROM THE OPERATION OF THE PROPERTIES OF F.Y.I. AND ITS
SUBSIDIARIES, BY REASON OF ANY PERIL (TO THE EXTENT REASONABLY AVAILABLE)
AFFECTING THE OPERATION THEREOF, AND INSURANCE AGAINST ANY OTHER INSURABLE LOSS
OF OPERATING INCOME BY REASON OF ANY BUSINESS INTERRUPTION AFFECTING F.Y.I. OR
ANY OF ITS SUBSIDIARIES TO THE EXTENT COVERED BY STANDARD BUSINESS INTERRUPTION
POLICIES IN THE APPLICABLE STATES.
Such insurance shall be written by financially responsible companies selected by
F.Y.I. and having an A.M. Best Rating of "A-" or better and being in a financial
size category of "VI" or larger, or by other companies reasonably acceptable to
the Required Lenders.
No later than the date of the making of the initial Loan
or the issuance of the initial Letter of Credit, each policy referred to in this
Section 8.5 shall provide that it will not be canceled, amended or reduced
except after not less than 30 days' prior written notice to the Administrative
Agent and shall also provide that the interests of the Administrative Agent and
the Lenders shall not be invalidated by any act or negligence of F.Y.I. or any
of its Subsidiaries.
F.Y.I. will advise the Administrative Agent promptly of
any policy cancellation, reduction or amendment.
For purposes hereof, the term
"Peril" shall mean, collectively, fire, lightning, flood, windstorm, hail,
explosion, riot and civil commotion, vandalism and malicious mischief, damage
from aircraft, vehicles and smoke and other perils covered by the "all-risk"
endorsement then in use in the jurisdictions where the Properties of F.Y.I. and
its Subsidiaries are located.
(B)
IF A DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING, F.Y.I. WILL
CAUSE ALL PROCEEDS OF INSURANCE PAID ON ACCOUNT OF THE LOSS OF OR DAMAGE TO ANY
PROPERTY OF F.Y.I. OR ANY OF ITS SUBSIDIARIES AND ALL AWARDS OF COMPENSATION FOR
ANY PROPERTY OF F.Y.I. OR ANY OF ITS SUBSIDIARIES TAKEN BY CONDEMNATION OR
EMINENT DOMAIN TO BE PAID DIRECTLY TO THE ADMINISTRATIVE AGENT TO BE APPLIED
AGAINST OR HELD AS SECURITY FOR THE OBLIGATIONS, AT THE ELECTION OF THE
ADMINISTRATIVE AGENT AND THE REQUIRED LENDERS.
SECTION 8.6
INSPECTION RIGHTS.
F.Y.I. WILL, AND WILL CAUSE EACH OF
ITS SUBSIDIARIES TO, PERMIT REPRESENTATIVES AND AGENTS OF THE ADMINISTRATIVE