在符合条件的情况下,高管有资格根据本政策获得支付和福利(统称“解雇费用”) if and only if:
(A)except with respect to a termination due to death or Incapacity (as defined in 附录A), the Executive first executes a resignation and release agreement provided by the Company or the applicable Coupang Group Company upon such terms, including any terms providing for restrictive covenants, as are determined by the Company or the applicable Coupang Group Company from time to time in its sole discretion (the “发布协议”), and allows any mandatory consideration or revocation period provided by law to lapse, provided that such Release Agreement must in any event
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become irrevocable no later than sixty (60) days following such termination;
(B)the Executive continues to comply with the terms of the Release Agreement and any applicable confidentiality, non-competition, non-solicitation, and/or invention assignment agreement, and/or any such other appropriate agreements, between the Executive and the Coupang Group Company;
(C)there was no “Cause” (as defined in 附录A) to terminate the Executive at the time of the Qualifying Separation of the Executive; and
(D)the Executive meets such other conditions as are stipulated in this Policy.
(ii)Cessation of Severance Upon Material Breach of Release Agreement
If the Company or the applicable Coupang Group Company determines, in its sole discretion, that the Executive has breached the Release Agreement, any and all installment Severance payments, including all payments under this Policy, shall cease immediately, and the Executive will be liable to repay any Severance already paid to the Executive hereunder.
(iii)Service as an Executive at Multiple Coupang Group Companies and Intercompany Transfers
本节仅适用于执行人根据法典受到所得税责任的情况,和/或执行人的报酬可能因法典第280G条和第4999条的运作而被限制,从而为 Coupang 集团公司产生税收减免。尽管本政策的任何规定相反,如果执行人根据本政策或其他方式将接收的任何付款或福利(以下简称“款项”)超过了“减少金额”,那么此款项将等于减少金额。适用于拖欠余额的合格住宅客户的分期付款安排长达12个月。先支付欠款金额的定金,然后通过分期支付剩余金额,加上常规月度账单。)),并且(i)根据《税收法典》第280G条的规定,构成“附加金支付”;(ii)要不是有了这句话,将应适用第4999条 《税收法典》所规定的滞纳税(“Excise Tax”),则任何此类280G支付(“280G Payment”)都将通过中止、取消或减少支付被适当减少。消费税”),那么此付款将等于减少金额。降低的金额” will be either (x) the largest portion of the Payment that would result in no portion of the Payment being subject to the Excise Tax or (y) the largest portion, up to and including the total, of the Payment, whichever amount, after taking into account all applicable federal, state and local employment taxes, income taxes, and the Excise Tax (all computed at the highest applicable marginal rate), results in the Executive’s receipt, on an after-tax basis, of the greater economic benefit notwithstanding that all or some portion of the Payment may be subject to the Excise Tax. If a reduction in payments or benefits constituting “parachute payments” is necessary so that the Payment equals the Reduced Amount, reduction will occur in the manner that results in the greatest economic benefit for an Executive. If more than one method of reduction will result in the same economic benefit, the items so reduced will be reduced pro rata.
4.Inquiry
Questions about this Policy should be addressed to the Policy Owner.
5.Dispensations
Dispensations from the requirements to comply with this Policy may be granted in exceptional circumstances by the Administrator in its sole discretion. Any special
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severance benefits in excess of the formula in the Severance Pay Calculation of the Country Addendum may be provided to Executive(s) if such Executive(s) contributed to the growth of the Company and provided that such special severance benefits are approved by the Administrator, and in the case of Korea Non-Expat Executives and Korea Expat Executives, are approved by the resolution of the general meeting of shareholder(s) of the relevant Coupang Korea Company before separation.
Requests for dispensation must be addressed to the Policy Owner, who will then submit the requests to the Administrator. The request must state the specific policy requirement for which the dispensation is requested, and the reason for the request.
The Policy Owner will maintain a record of requests and dispensations.