Common use of Non-Plan Grant; Incorporation of Terms of Plan Clause in Contracts

Non-Plan Grant; Incorporation of Terms of Plan. The Option is made and granted as a stand-alone award, separate and apart from, and outside of, the Zhone Technologies, Inc. Amended and Restated 2001 Stock Incentive Plan (the “Plan”), and shall not constitute an award granted under or pursuant to the Plan. Notwithstanding the foregoing, the terms, conditions and definitions set forth in the Plan shall apply to the Option as though the Option had been granted under the Plan (including but not limited to the adjustment provision contained in Section 14 of the Plan), and the Option shall be subject to such terms, conditions and definitions, which are hereby incorporated into this Agreement by reference. For the avoidance of doubt, the Option shall not be counted for purposes of calculating the aggregate number of Shares that may be issued or transferred pursuant to Awards under the Plan as set forth in Section 4.1 of the Plan. In the event of any inconsistency between the Plan and this Agreement, the terms of this Agreement shall control.

Non-Plan Grant; Incorporation of Terms of Plan. The Option is made and granted as a stand-alone award, separate and apart from, and outside of, the Zhone Technologies, Inc. Amended and Restated 2001 Stock Skullcandy, Inc. 2011 Incentive Award Plan (the “Plan”), and shall not constitute an award granted under or pursuant to the Plan. Notwithstanding the foregoing, the terms, conditions and definitions set forth in the Plan shall apply to the Option as though the Option had been granted under the Plan (including but not limited to the adjustment provision contained in Section 14 13.2 of the Plan), and the Option shall be subject to such terms, conditions and definitions, which are hereby incorporated into this Agreement by reference. For the avoidance of doubt, the Option shall not be counted for purposes of calculating the aggregate number of Shares that may be issued or transferred pursuant to Awards under the Plan Share Limit as set forth in Section 4.1 3.1(a) of the Plan or for purposes of calculating the Individual Award Limits with respect to Optionee under Section 3.3 of the Plan. In the event of any inconsistency between the Plan and this Agreement, the terms of this Agreement shall control.

Non-Plan Grant; Incorporation of Terms of Plan. The Option Award is made and granted as a stand-alone award, separate and apart from, and outside of, the Zhone Technologies, Inc. Amended and Restated 2001 Stock Skullcandy, Inc. 2011 Incentive Award Plan (the “Plan”), and shall not constitute an award granted under or pursuant to the Plan. Notwithstanding the foregoing, the terms, conditions and definitions set forth in the Plan shall apply to the Option Award as though the Option Award had been granted under the Plan (including but not limited to the adjustment provision contained in Section 14 13.2 of the Plan), and the Option Award shall be subject to such terms, conditions and definitions, which are hereby incorporated into this Agreement by reference. For the avoidance of doubt, the Option Award shall not be counted for purposes of calculating the aggregate number of Shares that may be issued or transferred pursuant to Awards under the Plan Share Limit as set forth in Section 4.1 3.1(a) of the Plan or for purposes of calculating the Individual Award Limits with respect to the Grantee under Section 3.3 of the Plan. In the event of any inconsistency between the Plan and this Agreement, the terms of this Agreement shall control.

Non-Plan Grant; Incorporation of Terms of Plan. The Option is made and granted as a stand-alone award, separate and apart from, and outside of, the Zhone TechnologiesReachLocal, Inc. Amended and Restated 2001 2008 Stock Incentive Plan (the “Plan”), and shall not constitute an award granted under or pursuant to the Plan. Notwithstanding the foregoing, the terms, conditions and definitions set forth in the Plan shall apply to the Option as though the Option had been granted under the Plan (including but not limited to the adjustment provision contained in Section 14 13.2 of the Plan), and the Option shall be subject to such terms, conditions and definitions, which are hereby incorporated into this Agreement by reference. For the avoidance of doubt, the Option shall not be counted for purposes of calculating the aggregate number of Shares that may be issued or transferred pursuant to Awards under the Plan as set forth in Section 4.1 3.1(a) of the Plan or for purposes of calculating the Award Limit with respect to the Optionee under Section 3.3 of the Plan. In the event of any inconsistency between the Plan and this Agreement, the terms of this Agreement shall control.