Common use of No Advice Regarding Clause in Contracts

No Advice Regarding. Award The Company has not provided any tax, legal or financial advice, nor has the Company made any recommendations regarding Participant’s participation in the Plan, or Participant’s acquisition or sale of the underlying Shares. Participant is hereby advised to consult with Participant’s own personal tax, legal and financial advisors regarding this Award and Participant’s participation in the Plan before taking any action related to this Award or the Plan. No Right to Damages Participant will have no right to bring a claim or to receive damages if any portion of the Award is cancelled or expires. The loss of existing or potential profit in the Award will not constitute an element of damages in the event of the termination of Participant’s Service for any reason, even if the termination is in violation of an obligation of the Company or a Parent or a Subsidiary or an Affiliate to Participant. Data Privacy Participant hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form, of Participant’s personal data as described in this document by the Company for the exclusive purpose of implementing, administering and managing Participant’s participation in the Plan. Participant understands that the Company holds certain personal information about Participant, including, but not limited to, name, home address and telephone number, date of birth, social security or insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in the Company, details of all Awards or any other entitlement to Shares awarded, cancelled, purchased, exercised, vested, unvested or outstanding in Participant’s favor for the purpose of implementing, managing and administering the Plan (“Data”). Participant understands that the Data may be transferred to any third parties assisting in the implementation, administration and management of the Plan, that these recipients may be located in Participant’s country or elsewhere and that the recipient country may have different data privacy laws and protections than Participant’s country. Participant authorizes the recipients to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing Participant’s participation in the Plan, including any requisite transfer of such Data, as may be required to a broker or other third party with whom Participant may elect to deposit any Shares acquired under the Plan. By signing the cover sheet of this Agreement, Participant agrees to all of the terms and conditions described above and in the Plan. Any inconsistency between this Agreement and the Plan shall be resolved by reference to the Plan.

No Advice Regarding. Award Grant The Company has not provided any tax, legal or financial advice, nor has the Company made any recommendations regarding Participant’s your participation in the Plan, or Participant’s your acquisition or sale of the underlying Shares. Participant is You are hereby advised to consult with Participant’s your own personal tax, legal and financial advisors regarding this Award and Participant’s your participation in the Plan before taking any action related to the Plan or this Award or the PlanSAR. No Right to Damages Participant You will have no right to bring a claim or to receive damages if any portion of the Award SAR is cancelled or expiresexpires unexercised. The loss of existing or potential profit in the Award SAR will not constitute an element of damages in the event of the termination of Participant’s your Service for any reason, even if the termination is in violation of an obligation of the Company or a Parent or a Subsidiary or an Affiliate to Participantyou. Data Privacy Participant You hereby explicitly and unambiguously consents consent to the collection, use and transfer, in electronic or other form, of Participant’s your personal data as described in this document by the Company for the exclusive purpose of implementing, administering and managing Participant’s your participation in the Plan. Participant understands You understand that the Company holds certain personal information about Participantyou, including, but not limited to, name, home address and telephone number, date of birth, social security or insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in the Company, details of all Awards or any other entitlement to Shares awarded, cancelled, purchased, exercised, vested, unvested or outstanding in Participant’s your favor for the purpose of implementing, managing and administering the Plan (“Data”). Participant understands You understand that the Data may be transferred to any third parties assisting in the implementation, administration and management of the Plan, that these recipients may be located in Participant’s your country or elsewhere and that the recipient country may have different data privacy laws and protections than Participant’s your country. Participant authorizes You authorize the recipients to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing Participant’s your participation in the Plan, including any requisite transfer of such Data, as may be required to a broker or other third party with whom Participant you may elect to deposit any Shares acquired under the Plan. Construction The captions used in this Agreement are inserted for convenience and shall not be deemed a part of the Award for construction or interpretation. Except when otherwise indicated by the context, the singular shall include the plural and the plural shall include the singular. Use of the term “or” is not intended to be exclusive, unless the context clearly requires otherwise. Other Information You agree to receive stockholder information, including without limitation copies of any annual report, proxy statement and/or any current/periodic report, from the Company’s website at xxxx://xxx.xxxxxxxxxxxxxxx.xxx, if the Company wishes to provide such information through its website. By signing the cover sheet of this Agreement, Participant agrees you agree to all of the terms and conditions described above and in the PlanPlan and Plan prospectus. Any inconsistency between this Agreement and the Plan shall be resolved by reference to the Plan. SPY INC. NOTICE OF EXERCISE OF STOCK APPRECIATION RIGHT (“SAR”) BY PARTICIPANT SPY Inc. 0000 Xxx Xxxxxx Xxxxx, Xxxxxxxx, XX 00000 Attention: Secretary Re: Exercise of SAR [PRINT NAME OF PARTICIPANT] Pursuant to the SAR Agreement dated , between SPY Inc., a Delaware corporation, (the “Company”) and me, made pursuant to the 2004 Stock Incentive Plan (the “Plan”), I hereby request to exercise my SAR with respect to shares (whole number only) of common stock of the Company (the “Shares”), at the exercise price of $ per Share. I further understand and agree that I will timely satisfy any and all applicable tax withholding obligations as a condition of this SAR exercise. If Shares will be issued to me as a result of this exercise of my SAR, with the number of any Shares determined by the Committee, then please issue such Shares as follows: Check one: ¨ The Shares certificate is to be issued and registered in my name only. ¨ The Shares certificate is to be issued and registered in my name and my spouse’s name. [PRINT SPOUSE’S NAME, IF CHECKING SECOND BOX] Check one (if checked second box above): ¨ Community Property or ¨ Joint Tenants With Right of Survivorship I acknowledge that I have received, understand and continue to be bound by all of the terms and conditions set forth in the Plan and in the SAR Agreement. Dated: (Participant’s Signature) (Spouse’s Signature)** **Spouse must sign this Notice of Exercise if listed above. (Full Address) (Full Address) * THIS NOTICE OF EXERCISE MAY BE REVISED BY THE COMPANY AT ANY TIME WITHOUT NOTICE.

No Advice Regarding. Award The Company has not provided any tax, legal or financial advice, nor has the Company made any recommendations regarding Participant’s your participation in the Plan, or Participant’s your acquisition or sale of the underlying Shares. Participant is You are hereby advised to consult with Participant’s your own personal tax, legal and financial advisors regarding this Award and Participant’s your participation in the Plan before taking any action related to the Plan or this Award or the Plan. No Right to Damages Participant will have no right to bring a claim or to receive damages if any portion of the Award is cancelled or expires. The loss of existing or potential profit in the Award will not constitute an element of damages in the event of the termination of Participant’s Service for any reason, even if the termination is in violation of an obligation of the Company or a Parent or a Subsidiary or an Affiliate to ParticipantAward. Data Privacy Participant You hereby explicitly and unambiguously consents consent to the collection, use and transfer, in electronic or other form, of Participant’s your personal data as described in this document by the Company for the exclusive purpose of implementing, administering and managing Participant’s your participation in the Plan. Participant understands You understand that the Company holds certain personal information about Participantyou, including, but not limited to, name, home address and telephone number, date of birth, social security or insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in the Company, details of all Awards or any other entitlement to Shares awarded, cancelledcanceled, purchased, exercised, vested, unvested or outstanding in Participant’s your favor for the purpose of implementing, managing and administering the Plan (“Data”). Participant understands You understand that the Data may be transferred to any third parties assisting in the implementation, administration and management of the Plan, that these recipients may be located in Participant’s your country or elsewhere and that the recipient country may have different data privacy laws and protections than Participant’s your country. Participant authorizes You authorize the recipients to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing Participant’s your participation in the Plan, including any requisite transfer of such Data, as may be required to a broker or other third party with whom Participant you may elect to deposit any Shares acquired under the Plan. Construction The captions used in this Agreement are inserted for convenience and shall not be deemed a part of the Award for construction or interpretation. Except when otherwise indicated by the context, the singular shall include the plural and the plural shall include the singular. Use of the term “or” is not intended to be exclusive, unless the context clearly requires otherwise. Other Information You agree to receive stockholder information, including without limitation copies of any annual report, proxy statement and/or any current/periodic report, from the Company’s website at xxxx://xxx.xxxxxxxxxxxxxxx.xxx, if the Company wishes to provide such information through its website. By signing the cover sheet of this Agreement, Participant agrees you agree to all of the terms and conditions described above above, and in the Plan. Any inconsistency between this Agreement Plan and the Plan shall be resolved by reference to the Planprospectus.

No Advice Regarding. Award The Company has not provided any tax, legal or financial advice, nor has the Company made any recommendations regarding Participant’s your participation in the Plan, or Participant’s your acquisition or sale of the underlying Shares. Participant is You are hereby advised to consult with Participant’s your own personal tax, legal and financial advisors regarding this Award and Participant’s your participation in the Plan before taking any action related to this Award or the Plan. No Right to Damages Participant You will have no right to bring a claim or to receive damages if any portion of the Award is cancelled or expires. The loss of existing or potential profit in the Award will not constitute an element of damages in the event of the termination of Participant’s your Service for any reason, even if the termination is in violation of an obligation of the Company or a Parent or a Subsidiary or an Affiliate to Participantyou. Data Privacy Participant You hereby explicitly and unambiguously consents consent to the collection, use and transfer, in electronic or other form, of Participant’s your personal data as described in this document by the Company for the exclusive purpose of implementing, administering and managing Participant’s your participation in the Plan. Participant understands You understand that the Company holds certain personal information about Participantyou, including, but not limited to, name, home address and telephone number, date of birth, social security or insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in the Company, details of all Awards or any other entitlement to Shares awarded, cancelled, purchased, exercised, vested, unvested or outstanding in Participant’s your favor for the purpose of implementing, managing and administering the Plan (“Data”). Participant understands You understand that the Data may be transferred to any third parties assisting in the implementation, administration and management of the Plan, that these recipients may be located in Participant’s your country or elsewhere and that the recipient country may have different data privacy laws and protections than Participant’s your country. Participant authorizes You authorize the recipients to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing Participant’s your participation in the Plan, including any requisite transfer of such Data, as may be required to a broker or other third party with whom Participant you may elect to deposit any Shares acquired under the Plan. By signing Other Information You agree to receive stockholder information, including copies of any annual report, proxy statement and periodic report, from the cover sheet of this AgreementCompany’s website, Participant agrees if the Company wishes to all provide such information through its website. You acknowledge that copies of the terms Plan, Plan prospectus, Plan information and conditions described above and in the Plan. Any inconsistency between this Agreement and the Plan shall be resolved by reference stockholder information are also available upon written or telephonic request to the Plan’s administrator. Further Assistance You agree to provide assistance reasonably requested by the Company in connection with actions taken by you while providing services to the Company, including but not limited to assistance in connection with any lawsuits or other claims against the Company arising from events during the period in which you rendered service to the Company.