EX-10.13



 Exhibit 10.13 

AMENDED AND RESTATED EMPLOYMENT AGREEMENT 

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), dated May 25, 2016, is by and among Fulgent
Therapeutics LLC, a California limited liability company (the “Company”), Fulgent Diagnostics, Inc., a Delaware corporation (“HoldCo”) and Hanlin Gao (“Executive”). 

WHEREAS, the Company and Executive previously entered into that certain Employment Agreement, dated as of March 31, 2013
(“Original Agreement”); and 
 WHEREAS, the Company, HoldCo and Executive desire to amend and restate the Original Agreement
as further set forth herein. 
 1. POSITION AND RESPONSIBILITIES 

(a) Position. Executive is employed by the Company to render services to the Company in the position of Chief Scientific Officer and
Lab Director. Executive shall perform such duties and responsibilities as are normally related to such positions in accordance with the standards of the industry and any additional duties now or hereafter assigned to Executive by the Company.
Executive shall abide by the rules, regulations, policies, procedures and practices as adopted or modified from time to time in the Company’s sole discretion. 

(b) Other Activities. Except upon the prior written consent of the Company, Executive will not, during the term of this Agreement,
(i) accept any other employment, or (ii) engage, directly or indirectly, in any other business activity (whether or not pursued for pecuniary advantage) that might interfere with Executive’s duties and responsibilities hereunder or
create a conflict of interest with the Company. Notwithstanding the foregoing, Executive may continue to serve as a lab inspector for the College of American Pathologists, provided that Executive’s scope of duties in such capacity does not
increase beyond Executive’s scope of duties in such capacity as of the date hereof. 
 (c) No Conflict. Executive represents and
warrants that Executive’s execution of this Agreement, Executive’s employment with the Company, and the performance of Executive’s proposed duties under this Agreement shall not violate any obligations Executive may have to any other
employer, person or entity, including any obligations with respect to proprietary or confidential information of any other person or entity. 

2. COMPENSATION AND BENEFITS 

(a) Base Salary. In consideration of the services to be rendered under this Agreement, the Company shall pay Executive a salary at the
rate of One Hundred Eighty Thousand Dollars ($180,000) per year (“Base Salary”). Upon completion of an initial public offering of HoldCo’s shares under an effective registration statement filed under the Securities Act of 1933,
as amended, Executive’s Base Salary shall be Two Hundred Ten Thousand Dollars ($210,000) per year. The Base Salary shall be paid in accordance with the Company’s regularly established payroll practice. Executive’s Base Salary will be
reviewed from time to time in accordance with the established procedures of the Company for adjusting salaries for similarly-situated employees and may be adjusted in the sole discretion of the Company. 

  
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 (b) Benefits. Executive shall be eligible to participate in the benefits made generally
available by the Company to similarly-situated employees, in accordance with the benefit plans established by the Company, and as may be amended from time to time in the Company’s sole discretion. 

(c) Bonus and Equity Compensation. Executive may be eligible for an annual cash bonus or equity compensation. Any such bonus or equity
compensation, including applicable terms and conditions, shall be determined by the Manager of the Company in its sole discretion. Executive must remain employed by the Company for the full fiscal year in order to be eligible for a bonus for that
fiscal year. 
 (d) Expenses. The Company shall reimburse Executive for reasonable business expenses incurred in the performance of
Executive’s duties hereunder in accordance with the Company’s expense reimbursement guidelines. 
 3. AT-WILL
EMPLOYMENT 
 (a) At-Will Termination by Company. Executive’s employment with the Company shall be
“at-will” at all times. The Company may terminate Executive’s employment with the Company at any time, without any advance notice, for any reason or no reason at all, notwithstanding anything to the contrary contained in or arising
from any statements, policies, procedures or practices of the Company relating to the employment, discipline or termination of its employees. Upon and after such termination, all obligations of the Company under this Agreement shall cease, except as
otherwise provided herein. 
 (b) At-Will Termination by Executive. Executive may terminate employment with the Company at any time
for any reason or no reason at all, upon written notice. Thereafter all obligations of the Company shall cease. 
 (c) Payment. Upon
termination of Executive’s employment, the Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, subject to any other rights or remedies of the Company under law; and thereafter all
of the obligations of the Company under this Agreement shall cease. 
 4. TERMINATION OBLIGATIONS 

(a) Return of Property. Executive agrees that all property (including without limitation all equipment, tangible proprietary
information, documents, records, notes, contracts and computer-generated materials) furnished to or created or prepared by Executive incident to Executive’s employment belongs to the Company and shall be promptly returned to the Company upon
termination of Executive’s employment. 
 (b) Resignation and Cooperation. Unless otherwise agreed in writing, upon termination
of Executive’s employment, Executive shall be deemed to have resigned from all offices and directorships then held with the Company. Following any termination of employment, Executive shall cooperate with the Company in the winding up of
pending work on behalf of the Company and the orderly transfer of work to other employees. Executive shall also cooperate with the Company in the defense of any action brought by any third party against the Company that relates to Executive’s
employment by the Company. 
 (c) Continuing Obligations. Executive understands and agrees that Executive’s obligations under
Sections 4 and 5 (including the Proprietary Information Agreement (as defined below)) shall survive the termination of Executive’s employment for any reason and the termination of this Agreement. 

  
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 5. INVENTIONS AND PROPRIETARY INFORMATION; PROHIBITION ON THIRD PARTY
INFORMATION 
 (a) Proprietary Information Agreement. Prior to the date hereof, Executive has signed the Company’s
Proprietary Information and Invention Assignment Agreement (“Proprietary Information Agreement”) and delivered such signed Proprietary Information Agreement to the Company. 

(b) Non-Disclosure of Third Party Information. Executive represents and warrants and covenants that Executive shall not disclose to the
Company, or use, or induce the Company to use, any proprietary information or trade secrets of others at any time, including but not limited to any proprietary information or trade secrets of any former employer, if any; and Executive acknowledges
and agrees that any violation of this provision shall be grounds for Executive’s immediate termination and could subject Executive to substantial civil liabilities and criminal penalties. Executive further specifically and expressly
acknowledges that no officer or other employee or representative of the Company has requested or instructed Executive to disclose or use any such third party proprietary information or trade secrets. 

6. AMENDMENTS; WAIVERS; REMEDIES 

This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than
Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a
party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law. 
 7.
ASSIGNMENT; BINDING EFFECT 
 (a) Assignment. The performance of Executive is personal hereunder, and Executive
agrees that Executive shall have no right to assign and shall not assign or purport to assign any rights or obligations under this Agreement. This Agreement may be assigned or transferred by the Company; and nothing in this Agreement shall prevent
the consolidation, merger or sale of the Company or a sale of any or all or substantially all of its assets. 
 (b) Binding Effect.
Subject to the foregoing restriction on assignment by Executive, this Agreement shall inure to the benefit of and be binding upon each of the parties; the affiliates, officers, directors, agents, successors and assigns of the Company; and the heirs,
devisees, spouses, legal representatives and successors of Executive. 

  
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 8. SEVERABILITY 

If any provision of this Agreement shall be held by a court or arbitrator to be invalid, unenforceable, or void, such provision shall be enforced to the
fullest extent permitted by law, and the remainder of this Agreement shall remain in full force and effect. 
 9. TAXES

 All amounts paid under this Agreement (including, without limitation, Base Salary) shall be paid less all applicable state and federal tax
withholdings and any other withholdings required by any applicable jurisdiction or authorized by Executive. Notwithstanding any other provision of this Agreement whatsoever, the Company, in its sole discretion, shall have the right to provide for
the application and effects of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) (relating to deferred compensation arrangements), and any related administrative guidance issued by the Internal Revenue
Service. The Company shall have the authority to delay the payment of any amounts under this Agreement to the extent it deems necessary or appropriate to comply with Section 409A(a)(2)(B)(i) of the Code (relating to payments made to certain
“key employees” of publicly-traded companies); in such event, the payment(s) at issue may not be made before the date which is six (6) months after the date of Executive’s separation from service, or, if earlier, the date of
death. 
 10. GOVERNING LAW 

This Agreement shall be governed by and construed in accordance with the laws of the State of California. 

11. INTERPRETATION 
 This
Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. Sections and section headings contained in this Agreement are for reference purposes only, and shall not affect in any manner the
meaning or interpretation of this Agreement. Whenever the context requires, references to the singular shall include the plural and the plural the singular. 

12. COUNTERPARTS 
 This
Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Agreement, but all of which together shall constitute one and the same instrument. 

13. AUTHORITY 
 Each party
represents and warrants that such party has the right, power and authority to enter into and execute this Agreement and to perform and discharge all of the obligations hereunder; and that this Agreement constitutes the valid and legally binding
agreement and obligation of such party and is enforceable in accordance with its terms. 

  
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 14. ENTIRE AGREEMENT 

This Agreement amends and restates the Original Agreement in its entirety. This Agreement is intended to be the final, complete, and exclusive statement of
the terms of Executive’s employment by the Company and may not be contradicted by evidence of any prior or contemporaneous statements or agreements, except for agreements specifically referenced herein (including the Proprietary Information
Agreement). To the extent that the practices, policies or procedures of the Company, now or in the future, apply to Executive and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. Any subsequent
change in Executive’s duties, position, or compensation will not affect the validity or scope of this Agreement. 
 15.
EXECUTIVE ACKNOWLEDGEMENT 
 EXECUTIVE ACKNOWLEDGES EXECUTIVE HAS HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL CONCERNING THIS
AGREEMENT, THAT EXECUTIVE HAS READ AND UNDERSTANDS THE AGREEMENT, THAT EXECUTIVE IS FULLY AWARE OF ITS LEGAL EFFECT, AND THAT EXECUTIVE HAS ENTERED INTO IT FREELY BASED ON EXECUTIVE’S OWN JUDGMENT AND NOT ON ANY REPRESENTATIONS OR PROMISES
OTHER THAN THOSE CONTAINED IN THIS AGREEMENT. 
 (Signature Page Follows) 

  
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 IN WITNESS WHEREOF, the parties have duly
executed this Agreement as of the date first written above. 
  

							
	FULGENT THERAPEUTICS LLC:	 		 	HANLIN GAO:
				
	By:	 	 /s/ Ming Hsieh
	 		 	 /s/ Hanlin Gao

				
	Name:	 	Ming Hsieh	 		 	
				
	Title:	 	Manager	 		 	
			
	FULGENT DIAGNOSTICS, INC.:	 		 	
				
	By:	 	 /s/ Ming Hsieh
	 		 	
				
	Name:	 	Ming Hsieh	 		 	
				
	Title:	 	President	 		 	

 SIGNATURE PAGE TO AMENDED AND
RESTATED EMPLOYMENT AGREEMENT