I have recently been asked to sign an NDA, which appears to be pretty standard, save for 1 clause which jumps out at me and leaves me scratching my head.
The NDA starts off naming the parties thusly -
CompanyWhoProvidedNDA Ltd ("The Company") Recipients Name ("Recipient")
The recipient has had no prior relationship with CompanyWhoProvidedNDA
Partway through the first section titled "Definitions and Interpretations" it says
1,5 "Any reference to the company, or the Recipient shall be deemed to be a reference to the Company.". The recipient may also include their respective agents, employees and contractors, and any reference to "party" shall mean such persons or any other person or entity as necessary to give full effect to the intended meaning of the Agreement." (Bolding mine)
Am I correct in my belief that this clause weakens the enforceability of NDA against the recipient because it redefines the Recipient as the as The Company.
Further, is it reasonable to believe that notwithstanding this statement, were a court to get involved questions of confidentiality the court would likely ignore this statement as it contradicts the meaning and purpose of the agreement?