Acuity Specialty Products Group Inc.

X. Acuity represents to EPA that ASP will pay in full the criminal fine of Three Mi llionEight Hundred Thousand Dollars ($3,800,000) to the United States as required in the PleaAgreement. Additionally, Acuity has accepted responsibility and represents that it will sincerelyand fully comply with all the terms of this Agreement, including but not limited to fullcompliance with all the terms of the Plea Agreement, which upon its completion will bemcorporated herein as Attachment A.Y. Acuity is continuously evaluating, enhancing, and updating its EnvironmentalCompliance Program ("ECP"). The ECP includes elements as set forth in this Agreement and inAttachment A to this Agreement. These elements include communications of Acuit y 's ethics,code of conduct, and environmental policies to management and employees and managementand employee responsibility for compliance, use of an independent hotline to report violations,disciplinary actions, management and employee training, and enhanced audits.z. Acuity has agreed to all the terms and conditions of this Agreement to promote futurecompliance with all federal, state, and local environmental laws. Acuity agrees not to violate theterms of any federal or state consent decree, consent order, plea agreement, or complianceagreement to which Acuity may be a party.AA. WHEREFORE, EPA and Acuity, in reliance upon the representations contained inthis Agreement, including the Recitals, the body of the Agreement and Attachments, and mconsideration of the mutual promises, covenants, and obligations in this Agreement, do herebyagree to the following terms and conditions.,-8-