0001193125-16-700733 Sample Contracts

SEVERANCE AGREEMENT
Release Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • California

This SEVERANCE AGREEMENT (the “Agreement”), dated July 7, 2016, is by and among Fulgent Therapeutics LLC, a California limited liability company (the “Company”), Fulgent Diagnostics, Inc., a Delaware corporation (“HoldCo”) and Paul Kim (“Executive”).

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EMPLOYMENT AGREEMENT
Employment Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • California

This 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 Ming Hsieh (“Executive”).

CONTRIBUTION AND ALLOCATION AGREEMENT
Contribution and Allocation Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • California

This CONTRIBUTION AND ALLOCATION AGREEMENT (this “Agreement”) is dated as of May 19, 2016, by and among Ming Hsieh (the “Contributor”), Fulgent Pharma LLC, a California limited liability company (“Pharma”) and Fulgent Therapeutics LLC, a California limited liability company (the “Company”). Contributor, Pharma and the Company are sometimes hereinafter collectively referred to as the “Parties” and individually as a “Party.”

FORM OF AGREEMENT AND PLAN OF MERGER
Operating Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of [·], 2016, by and among Fulgent Therapeutics LLC, a California limited liability company (“Therapeutics”), Fulgent Genetics, Inc., a Delaware corporation (“Genetics”), and Fulgent MergerSub, LLC, a Delaware limited liability company and a wholly owned subsidiary of Genetics (“MergerSub”).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • California

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”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • Delaware

This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into this [●] day of [●] (the “Effective Date”) by and between Fulgent Diagnostics, Inc., a Delaware corporation (the “Company”), and [●] (the “Indemnitee”).

FULGENT THERAPEUTICS LLC INVESTOR’S RIGHTS AGREEMENT Dated as of May 17, 2016
’s Rights Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • California

THIS INVESTOR’S RIGHTS AGREEMENT (this “Agreement”) is entered into effective as of May 17, 2016, by and between Fulgent Therapeutics LLC, a California limited liability company (the “Company”), and Xi Long USA, Inc., a Delaware corporation (the “Investor”). The Company and the Investor are sometimes collectively referred to herein as the “Parties” and individually as a “Party.”

l ] Shares Fulgent Genetics, Inc. Common Stock, par value $0.0001 per share UNDERWRITING AGREEMENT
Underwriting Agreement • September 2nd, 2016 • Fulgent Genetics, Inc. • Services-medical laboratories • New York
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