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Note 11 - Commitments and Contingencies
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
Note
11.
Commitments and Contingencies
 
Office Leases
 
We have long-term operating leases for office, industrial and laboratory space in Westminster, California, Oak Ridge, Tennessee, and Alberta, Canada. Payments made under operating leases are charged to the Consolidated Statement of Operations and Comprehensive Loss on a straight-line basis over the term of the operating lease agreement. For the
three
months ended
March 31, 2019
and
2020,
rental expense was
$51,000
and
$55,000,
respectively.  On
January 1, 2019,
we adopted ASC
842
which resulted in a right-of-use asset and lease liability. Short-term leases are
not
included in our analysis. The adoption resulted in an immaterial cumulative effect of an accounting change that was
not
recorded.  The lease of our Westminster facility qualifies for the new treatment; it originated in
August 2016,
expires
August 2020,
contains a yearly escalation of
3%,
and includes a
four
-year renewal option whereby the base rent is adjusted to then market value. We intend to exercise the option to extend the lease for
four
years. That has been included in the analysis. The lease of our Oak Ridge, Tennessee facility also qualifies, and it had
one
executed extension to
September 2022,
and has
one
renewal option for another
five
years where the rental rate would adjust to greater of the current price and fair market value.
No
determination has been made whether to exercise the renewal option for the Oak Ridge facility. The lease of our Canadian facility is less than
one
year.
None
of our leases have additional terms related to the payments or mechanics of the lease: there are
not
any common area maintenance charges or tax sharing arrangements, easement provisions or any free rent. Since there is
no
explicit interest rate in leases, management used its incremental borrowing rate, which is estimated to be
18%.
As of
March 31, 2020,
our weighted average remaining lease term is
four
 years and the total remaining operating lease payments is
$667,000.
 
Clyra Medical Consulting Agreement
 
Clyra Medical (see Note
8
) entered into a consulting agreement with Beach House Consulting, LLC, through which Jack B. Strommen will be providing consulting services to Clyra related to its sales and marketing activities and in exchange receive
$23,000
per month for a period of
four
years. The agreement originally provided that Clyra’s obligation to pay fees under the agreement begin the month following Clyra reception of FDA pre-market clearance on its
first
product, which occurred in
September 2019.
In
December 2019,
the parties modified the agreement such that fees are incurred once Clyra generates
$250,000
in monthly revenue on average for
three
consecutive months. The total cash obligation related to the agreement would be approximately
$1.1
 million.