"Sign this NDA b4 we enter into an agreement that would void the NDA."
IMO...The Intent of agreement
The April NDA would stay in effect, if after the allowed review time of the RECIPIENT (IMO..the word showing the real intent), refused the invite and walked away.
If there is a meeting of the minds, then you move into a more formal agreement with a supersede....where there is a give and take negotiated according to the ability of each company.
As I read the Oct Agreement, there are give and take considerations...to the point of sharing in the market.
There's even a provision allowing APS an out.....J...item 4...I don't see a provision for e.Digital in this respect.
doni