Acuity Specialty Products Group Inc.

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""Agreement. If, during the period covered by this Agreement, Respondents acquire or gamcontrol of any business concerns, which performs or may perform work on projects funded byFederal assistance or procurement programs, EPA shall be notifi ed withm ten (10) calendar days.Such notice shall state the nature of the business concern, the address of the business concernand the names and addresses of the business shall be subject to the terms and conditions of thisAgreement.In the event that EPA determines that newly-acquired business concern shal1 besubject to the provisions of this Agreement, EPA shall notify Respondents m writing of itsdetermination.G 10. Successors and Sale of AssetsThe tenns, conditions and obligations of this Agreement shall survive the reorgaruzationof Respondents' corporate structure and shall be fully binding upon any organization which is asuccessor in interest to substantially all of the assets or shares of Respondents or which ISassociated or a.fftliated with Respondents, provided, however, that this Agreement is not intendedto restrict the lawful and legitimate sale of assets to a bona fide purchaser and would not bindsuch an asset pucchaser.Gl l. On-Site Compliance ReviewDuring the period of this Agreement, the EPA may audit Acuity's compliance with theterms of this Agreement Such audit may include the examination of relevant business recordsand reports, visits by a member or members of EPA, SDD or its designee to Acuity'sheadquarters and/or regional facilities or sites, and interviews with employees. Acuity agrees toreimburse the U.S. Treasury for the reasonable costs actually incurred of conducting such audits-26-
"during the term of this Agreement The Parties agree that "cost" shall include reasonableexpense for travel, transportation, lodging and meals, to the extent normally authorized underFederal rules governing government travel; as such expenses are actually tncurred by EPApersonnel or its authorized agents in conducting site visits for the purpose of venfyingcompliance with this Agreement.Gl2. Audirs not Conducted On-SiteAs an alternative to an on-site audit of Acuity's compliance with the tenns of thisAgreement, EPA may, at its sole election, conduct an audit by mail in which instance Acuityshall provide documentation of its compliance with this Agreement including, but not limited to,copies of documentation maintained as required in this Agreement and such additionaldocumentation and/or certi fications as may be requested by EPA.013. DocumentationRespondents shall maintain documentation sufficient to demonstrate compliance v.'ith therequirements of this Agreement.Gl4. Notifications AddressesAll notifications or submissions from the Respondent required by this Agreement Wlll bedelivered to the following addresses:Frank DawkinsInvestigation and OversightSuspension and Debarment DivisionU.S. E PA (3902R)1200 Pennsylvania Avenue, N.W.Washington, D.C. 20460orVia Federal Express toFrank DawkinsInvestigations and OversightSuspension and DebarmentU.S. EPA (3902R)1300 Pennsylvania Avenue, N.W.Washington, D.C. 20004-27-
Page 2 and 3: GUILTY PLEA and PLEA AGREEMENTr!:ed
Page 4 and 5: 1'1.up and the facts of this case,
Page 6 and 7: the prov1s10ns set out mthe Complia
Page 8 and 9: this Plea Agreement, the Government
Page 10 and 11: CERTIFICATION OF ATTORNEY AND DEFEN
Page 12 and 13: ATTACHMENT A
Page 14 and 15: company, ASP. ASP is a Delaware cor
Page 16 and 17: II10. The R.M. Clayton Reclamation
Page 18 and 19: IIless than 25,000 gallons of waste
Page 20 and 21: discharged to the R.M. Clayton Recl
Page 22 and 23: IIDateOctober 30, 200 1November 6,
Page 24 and 25: ATTACHMENT B
Page 26 and 27: purchased from other companies to m
Page 28 and 29: eceiving a representative sample of
Page 30 and 31: IHIconstruction on improvements to
Page 32 and 33: X. Acuity represents to EPA that AS
Page 39 and 40: allegations of Acuity's corporate i
Page 41 and 42: (v). Schedule.After submission of t
Page 43 and 44: (b) Vice President of Compliance/Du
Page 45 and 46: ....12. Training.(a) Environmental
Page 47 and 48: 5. that the training requirements d
Page 49: I IG6. Freedom of InformationRespon
Page 53 and 54: 1111submissions to SOD through thei
Page 55 and 56: ATTACHMENT C
Page 57 and 58: EXHIBIT ARESOLUTIONSOFTHE BOARD OF
Page 59 and 60: 2) WAIVER OF RIGHTS(a)The Governmen
Page 61 and 62: 4) LIMITATION OF CHARGESThe United
Page 63 and 64: 7) WAIVER OF APPEALIf the Court acc
Page 65 and 66: In Open Court thisday of June, 2007
Page 67: Ii iINFORMATION BELOW MUST BE TYPED

Acuity Specialty Products Group Inc.

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