Acuity Specialty Products Group Inc.

it has sufficient assets to pay the fine and special assessment and that it has obtained andreceived the approval of its board of directors to make such payments.Defendant ASP states that its representative has read this agreement and has discussedthe agreement with its attorneys, and understands it.9) CONCLUSIONIf Defendant ASP fails in any way to fulfill each one of its obligations under this PleaAgreement, the Government may elect to be released from its commitments under this PleaAgreement. The Government may then prosecute the defendant for any and all Federal crimesthat its has committed related to this case and may recommend to the Court any sentence forsuch crimes up to and including the maximum sentence.The defendant expressly waives anystatute of limitations defense and any constitutional or statutory speedy trial defense to such aprosecution, except to the extent that such a defense exists as of the date it signs this PleaAgreement.In addition, the defendant agrees that, in such a prosecution, all admissions andother mformation that it has provided at any time, including all statements it has made and allevidence it has produced during proffers, interviews, testimony, and otherwise, may be usedagainst it, regardless of any constitutional provision, statute, rule, or agreement to the contrary.Notwithstanding the foregoing, no information or statements submitted by or made by counselfor defendant during any meeting with or presentation to the government or in anycorrespondence or submission to the government shall be used against the defendant.Finally,the defendant understands that its violation of the terms of this Plea Agreement would not entitleit to withdraw its guilty plea in this case.There are no other agreements, promises, representations, or understandings betweenDefendant ASP and the Government.7