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Acuity Specialty Products Group Inc.

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and, under some circumstances, to attack the sentence in post-conviction proceedings.Byentering this Plea Agreement, defendant ASP may be waiving some or all of those rights toappeal or collaterally attack its sentence, as specified below.Finally, Defendant ASPunderstands that, to plead guilty, it may have to, through its duly authorized agent, answerquestions posed by the Court concerning the rights that it is giving up and the facts of this case,and answers, if untruthful, may be used in a prosecution for perjury or false statements.3) MAXIMUM STATUTORY SENTENCEDefendant ASP understands that, based on its plea of guilty to Count One of theInformation, it will be subject to the following statutory maximum penalties:(a)Pursuant to 18 U.S.C. § 3571(c) and (d) and 33 U.S.C. § 1319(c)(2)(A), the courtmay impose a fine up to the greater of: $50,000 per day of violation; $500,000; or the greater oftwo times the gross gain or two times the gross loss;(b)Pursuant to 18 U.S.C. § 3561(c)(l), the Court may impose a term of probation ofat least one year, but not more than five years;(c)Pursuant to 18 U.S.C. § 3563(b)(2) or 3663(a)(3), the Court may order it to payrestitution to any victims of the offense; and(d)Pursuant to 18 U.S.C. § 3013(a)(2)(B), the Court is required to order thedefendant to pay a $400 special assessment upon conviction for the charged crime.Defendant ASP understands that, before imposing sentence in this case, the Court will berequired to consider, among other factors, the provisions of the United States SentencingGuidelines. However, the Government and Defendant ASP have agreed and consented to abinding plea agreement under Fed. R. Crim. P. ll(c)(l)(C) as set forth in Paragraph 5 herein.3

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