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Note 7 - Commitments and Contingencies
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
Note
7
- Commitments and Contingencies
 
Leases
 
On
April 16, 2018,
the Company executed a service agreement with CIC Innovation Communities, LLC, to establish and lease offices at the Cambridge Innovation Center in Cambridge, Massachusetts. The Company does
not
have a long-term agreement in place to occupy this location, but rather occupies on a month-to-month basis.
 
On
April 16, 2018,
the Company also executed a space utilization agreement with the Board of Regents of the University of Texas System to establish and lease offices at the Dell Medical School in Austin, Texas. The Company pays
$2,050
per month to occupy this location and the lease is effective until
April 30, 2020.
The Company is currently negotiating an extension of the lease.
 
Commitments
 
MD Anderson Cancer Center
 
We have entered into a clinical study agreement with MD Anderson in Houston, Texas, to administer a Phase I/II clinical trial, combining
FUS1
-nanoparticles and Erlotinib in Stage IV lung cancer patients. 
FUS1
is sometimes referred to as
TUSC2.
 The trial was expected to run through the end of
2018
with a projected total cost of approximately
$2
million. Payments are due and payable when invoiced throughout the clinical trial period. The agreement
may
be terminated at any time. With osimertinib now considered a new standard of care in the U.S. for NSCLC with an EGFR mutation and our receipt of FDA Fast-Track Designation for use of Oncoprex combined with Osimertinib, we are prioritizing this program in lieu of the combination trial of Oncoprex and erlotinib.
 
In
July 2018,
the Company entered into a
two
-year sponsored research agreement with MD Anderson to sponsor preclinical studies focused on the combination of
TUSC2
with an immunotherapy with a projected total cost of approximately
$2
million. Payments are due and payable when invoiced throughout the clinical trial period. The agreement
may
be terminated at any time.
 
In
2009,
we agreed to assume certain contractual and other obligations of IRI in consideration for the sublicense rights, expertise, and assistance associated with the assignment of certain technologies and intellectual property. We also agreed to pay royalties of
1%
 on sales of resulting licensed products, for a period of
21
years following the termination of the last of the MD Anderson License Agreement and Sublicense Agreement, to IRI and we assumed patent prosecution costs and an annual minimum royalty of
$20,000
payable to the National Institutes of Health.
 
National Institutes of Health
 
Our
$191,393
payment obligation to the National Institutes of Health (“NIH”) represented a current obligation, of which
$15,393
of
2016
patent prosecution costs were paid in the
fourth
quarter of
2016
and
$176,000
was included in Accounts Payable at
December 31, 2016 (
consisting of accrued annual royalties of
$140,000
and patent costs of
$36,000
). During the
first
quarter of
2017,
we modified the terms of our accrued royalty obligation to NIH. Under the modified agreement, NIH agreed to extinguish
$120,000
of the accrued royalties payable to them in consideration for payment by us of (i) accrued patent costs of
$36,000,
(ii) a royalty payment of
$20,000,
and (iii) a contingent payment of
$240,000,
increasing at
$20,000
per year starting in
2018,
to be paid upon our receipt of FDA approval. The payments for the patent costs of
$36,000
and royalties of
$20,000
were paid during the
second
quarter of
2017.
 
As a result of our modified agreement with the NIH, we have recognized the exchange of the
$120,000
fixed obligation for the
$240,000
contingent obligation as a
$120,000
reduction to intellectual property expense (classified within general and administrative expense) during the
first
quarter of
2017.
The
$240,000
contingent obligation which increases annually by
$20,000
and is
$280,000
as of
December 31, 2019 
will be recognized when we obtain regulatory approval (the event that triggers the payment obligation).
 
University of Pittsburgh
 
As part of our License Agreement with the University of Pittsburgh in
February 2020,
we agreed to (i) an initial licensing fee of
$25,000,
(ii) annual maintenance fees of
$25,000
for the
first
three
years and
$40,000
for each subsequent year following the
first
anniversary of the agreement, (iii) royalties between
1.5%
to
3%
 of net sales of licensed technologies, (iv) an annual minimal royalty payment of
$250,000
per year beginning in the year of the
first
commercial sale of licensed technology, (v) a share of non-royalty sublicense income of
20%,
and (vi) milestone payments of an aggregate of
$3,975,000
.
 
Contingencies
 
From time to time we
may
become subject to threatened and/or asserted claims arising in the ordinary course of our business. Management is
not
aware of any matters, either individually or in the aggregate, that are reasonably likely to have a material impact on our Company’s financial condition, results of operations or liquidity.