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Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments and Contingencies  
Commitments and Contingencies

(9) Commitments and Contingencies

The Company leases some of the equipment used in its operations under operating leases. Generally, the leases are for periods varying from one to five years and are renewable at the option of the Company. The Company also has a lease for corporate office space. Total lease and rent expense was $2,260, $2,359 and $2,659 for 2018, 2017 and 2016, respectively. As of December 31, 2018, future minimum payments under operating leases that were either non‑cancelable or subject to significant penalty upon cancellation were $1,319 for 2019, $1,030 for 2020, $720 for 2021, $397 for 2022, $0 for 2023 and $0 thereafter.

The Company is party to lawsuits and claims arising in the normal course of business, none of which, in the opinion of management, is expected to have a material adverse effect on the Company’s financial condition, results of operations, cash flows or competitive position.

The Company is not contractually committed to any planned capital expenditures until actual orders are placed for equipment or services. At December 31, 2018, the Company had approximately $1,333 for open equipment and construction contracts and orders related to the new kiln project at its St. Clair facilities. One of the contracts for this project requires future payments totaling 0.4 million Euros, or approximately $422.  In addition, at December 31, 2018, the Company had a contract related to a capital project at its Arkansas facilities that required future payments totaling 1.0 million Euros, or approximately $1,157.  To hedge against potential losses due to changes in the Euro to U.S. Dollar exchange rates, the Company has entered into foreign exchange (“FX”) hedges with Wells Fargo Bank, N.A. as the counterparty to the hedges to fix the exchange rate for the 1.4 million Euros.  The hedges have been effective as defined under applicable accounting rules.  Therefore, changes in fair value of the FX hedges are reflected in comprehensive income.  The Company will be exposed to credit losses in the event of non-performance by the counterparty to the hedges.  Due to the strengthening of the Euro, compared to the U.S. Dollar during 2018, the fair value of the FX hedges resulted in a liability of $16 at December 31, 2018, which is included in accrued expenses, compared to an asset of $111 at December 31, 2017, which is included in prepaid expenses and other current assets ($83) and other assets, net ($28).  See Notes 1(f), 1(p) and 4.