Acuity Specialty Products Group Inc.

4) LIMITATION OF CHARGESThe United States Attorney for the Northern District of Georgia and the EnvironmentalCrimes Section of the Department of Justice agree not to bring further criminal charges againstDefendant ASP, or any other affiliated or related entity of Defendant ASP, relating to, based onor arising out of any matters that were the subject of the Government's criminal investigation ofDefendant ASP's facility located at 1310 Seaboard Industrial Boulevard, Atlanta, Georgia (the"Seaboard facility") and any matters from the Government's criminal investigation of DefendantASP's Seaboard facility that were known to the Government as of the date of this PleaAgreement. Defendant ASP understands that this provision does not bar prosecution by anyother federal, state, or local jurisdiction.Defendant ASP also understands that this PleaAgreement does not provide or promise any waiver of any civil or administrative actions,sanctions, or penalties that may apply, 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, DefendantASP and the Government have executed a Joint Statement of Facts, attached hereto asAttachment A. Pursuant to Fed. R. Crim. P ll(c)(l)(C), the United States and Defendant ASPagree that the following sentence is an appropriate disposition of this case:a. the payment of a criminal fine of three million eight hundred thousanddollars ($3,800,000.00) by ASP, due 10 days after the date of sentencing;4