Is this NDA still binding?

[Polaris]

What is the name of your state?California

I negotiated a Non Disclosure Agreement with an individual in Canada to test a product. The NDA stated that the product would be sent upon the NDA being signed by the testing party, and it has been signed. It has now come to my attention that the product may violate Canadian radio emissions regulations and standards.

Is the NDA still binding. Am I at any risk in not proceding with the agreement?

Thank you

John

 

[divgradcurl]

What is the name of your state?California

I negotiated a Non Disclosure Agreement with an individual in Canada to test a product. The NDA stated that the product would be sent upon the NDA being signed by the testing party, and it has been signed. It has now come to my attention that the product may violate Canadian radio emissions regulations and standards.

Is the NDA still binding. Am I at any risk in not proceding with the agreement?

Thank you

John

We can't read the NDA, so we have no way to know. Take the NDA down to a local attorney for an opinion.

 

[matti422]

My guess would be yes - you still have to honor the NDA. Having worked with several NDAs, they usually cover the product information, testing information, data gathered, etc. I'm not sure how the product violating Canadian radio emission standards has to do with your agreement not to disclose the information. I do not believe you have a legal obligation to report non-compliance with Canadian regulations in California.