would that not some how jeopardise their 2002 NDA?

Is there a course of reasoning, out there somewhere in legal land, that has crossed this territory before?

I would think so....it's a game of advancement with one trying to out do the other. Some where in the game process(or gamble to advance) prior conditions should be held in some form of jeopardy.

digEcor was after exclusivity and non compete forever....would that not be an extreme gamble to pursue, seeing they already had a prior provision in place?

doni