13. |
COMMITMENTS AND CONTINGENCIES |
Legal Matters:
From time to time,
we may be involved in litigation relating to claims arising out of our operations in the normal course of business. As of December
31, 2019, there were no pending or threatened lawsuits that could reasonably be expected to have a material effect on the results
of our operations.
Leases:
In August 2016, the
Company entered into a sublease for its current corporate headquarters and manufacturing facility. The sublease expires in August
2020 which is the same term of the master lease for which the Company is the subtenant. Monthly lease payments range from $48,672
per month currently increasing to $50,619 per month for the final year of the lease.
In February 2016,
the Financial Accounting Standards Board issued Accounting Standards Update No. 2016-02: “Leases (Topic 842)” whereby
lessees need to recognize almost all leases on their balance sheet as a right of use asset and a corresponding lease liability.
The Company adopted this standard as of January 1, 2019 using the effective date method. We calculated the present value of the
remaining lease payment stream using our incremental effective borrowing rate of 10%. We initially recorded a right to use asset
and corresponding lease liability amounting to $872,897 on January 1, 2019. The right-of-use asset and the corresponding lease
liability are being equally amortized on a straight-line basis over the remaining term of the lease. The right-of-use asset has
been further reduced by our deferred rent amounting to $32,771 as of December 31, 2019. As of December 31, 2019, we have a right-of-use
asset amounting to $316,389 recorded in Property and Equipment (See Note 6), and corresponding liability in Accrued Expenses amounting
to $349,160 related to this lease (See Notes 5, 6 and 7).
Other Commitments:
The Company enters
into various contracts or agreements in the normal course of business whereby such contracts or agreements may contain commitments.
Since inception, the Company entered into agreements to act as a reseller for certain vendors; joint development contracts with
third parties; referral agreements where the Company would pay a referral fee to the referrer for business generated; sales agent
agreements whereby sales agents would receive a fee equal to a percentage of revenues generated by the agent; business development
agreements and strategic alliance agreements where both parties agree to cooperate and provide business opportunities to each other
and in some instances, provide for a right of first refusal with respect to certain projects of the other parties; agreements with
vendors where the vendor may provide marketing, investor relations, public relations, technical consulting or subcontractor services,
vendor arrangements with non-binding minimum purchasing provisions, and financial advisory agreements where the financial advisor
would receive a fee and/or commission for raising capital for the Company. All expenses and liabilities relating to such contracts
were recorded in accordance with generally accepted accounting principles during the periods. Although such agreements increase
the risk of legal actions against the Company for potential non-compliance, there were no financial exposures that were not accounted
for in our financial statements.
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