Acuity Specialty Products Group Inc.

entity of Defendant ASP, relating to, based on or arising out of any matters thatwere the subject of the Government's criminal investigation of Defendant ASP'sfacility located at 1310 Seaboard Industrial Boulevard, Atlanta, Georgia (the"Seaboard facility") and any matters from the Government's criminal investigationof Defendant ASP's Seaboard facility that were known to the Government as of thedate of this Plea Agreement. Defendant ASP understands that this provision doesnot bar prosecution by any other federal, state, or local jurisdiction.DefendantASP also understands that this Plea Agreement does not provide or promise anywaiver of any civil or administrative actions, sanctions, or penalties that mayapply, including but not limited to: fines, penalties, suspension, debarment, listing,licensing, injunctive relief or remedial action to comply with any applicableregulatory requirement.5) SENTENCING RECOMMENDATIONFor the purposes of proffering the relevant conduct to the Court in this case,Defendant ASP and the Government have executed a Joint Statement of Facts,attached hereto as Attachment A. Pursuant to Fed. R. Crim. P 11(c)(l)(C), theUnited States and Defendant ASP agree that the following sentence is anappropriate disposition of this case:(a)the payment of a criminal fine of three million eight hundred thousanddollars ($3,800,000.00) by ASP, due I 0 days after the date ofsentencing;(b)three years of unsupervised probation, the conditions of which will be:(i) Defendant ASP not commit another federal, state, or local crimeduring the term of probation, as provided by 18 U.S.C. § 3563(a)(l),(ii) Defendant ASP pay the criminal fine and special assessmentimposed by the Court, and (iii) pursuant to 18 U.S.C. § 3563(b )(22),4