Annual report pursuant to Section 13 and 15(d)

9. Commitments and Contingencies

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9. Commitments and Contingencies
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Note 9. Commitments and Contingencies

As discussed in Note 6, the Company has entered in an “Exclusive Patent and Know-How License Agreement Including Transfer of Ownership” that requires minimum license maintenance costs.  The Company is planning on using the intellectual property granted by the patents for the foreseeable future.  The license agreement is considered expired on October 14, 2025, the date the patent expires. Future minimum maintenance fee payments are as follows: 

 

For the year ended December 31      
2017   $ 300,000  
2018     300,000  
2019     300,000  
2020     300,000  
2021     300,000  
Thereafter     1,150,000  
    $ 2,650,000  

  

The Company has the option to pay $2,500,000 and issue 925,000 shares of common stock for the assignment of the patents, and upon doing so, the requirement to make minimum license maintenance costs ends. The Company expects to purchase the patent rights in early 2017, which will eliminate ongoing license maintenance and royalty fee payments once closed.

 

Property Leases

 

On June 1, 2011, the Company entered into a 36 month lease for warehouse space in Centralia, Washington, commencing August 1, 2011.  The Company continues to lease this space on a month to month basis under the same terms of the original lease. Rent is $1,900 monthly throughout the term of the lease.

 

On January 27, 2015, the Company entered into a 13-month lease for office space in Lewis Center, Ohio, commencing February 1, 2015.  The lease provides for the option to extend the lease for up to five additional years.  Rent was abated for the first month of the lease. To date, the lease has been extended twice through February 2018. Monthly rent is $1,386 through February 2018.

 

On July 1, 2015, the Company entered into a five year lease for warehouse space in Corsicana, Texas. Rent is $3,750 monthly throughout the term of the lease and is waived from July 1, 2016 through September 30, 2016.

 

On September 1, 2015, the Company entered into a three year lease for office space in Grand Forks, North Dakota. Rent is $3,500 monthly for the first year and decreases to $2,500 throughout the remainder of the term of the lease.

 

Future minimum lease payments under these non-cancelable leases are approximately as follows: 

 

For the year ended December 31,      
2017   $ 78,000  
2018     65,000  
2019     45,000  
2020     22,500  
Thereafter     -  
    $ 210,500  

 

Rent expense was approximately $130,000 and $135,000 for the years ended December 31, 2016 and 2015, respectively.

 

Fixed Price Contract

 

The Company’s multi-year contracts with its commercial customers contain fixed prices for product. These contracts expire through 2019 and expose the Company to the potential risks associated with rising material costs during that same period.

 

Legal proceedings

 

The Company is involved in various claims and legal proceedings arising from the normal course of business. While the ultimate liability, if any, from these proceedings is presently indeterminable, in the opinion of management, these matters should not have a material adverse effect on the Company’s consolidated financial statements.