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If a contract terminates because it has reached the end of its term and the parties subsequently decide to apply the defibrillator and revive that arrangement, I’d favor—as always—having the documentation reflect what actually happened.
Suggesting instead that on or before the end of the original term the parties had extended the term would give an inaccurate account of the circumstances.
Is it a civil contract whose parties are allowed to agree (even retroactively) than an NDA is in place?
Or could doing so (backdating such a document) be considered fraud, forgery, or anything illegal, or even for some reason ethically or morally wrong?
I am moved to put this issue to you, as it is in some ways related to your comments in MSCD and elsewhere on back-dating contracts, which I agree is a no-no, especially for public companies, or making contracts “retroactively effective” in similar ways.
I have come across a number of instances in which companies have contracts that were not “evergreen,” which then expired, but where the expiration was perhaps unintentional, or the parties decided that they wanted to continue doing business after all.
Hello, Quick question, my client issued me with a P/O which was dated a month ago, they said I can back date the invoice if I so wish to speed up payment?
My question, is it legal to backdate an NDA like that?
A gap in the life of a contract could have serious repercussions for one or more parties. Instead, it might raise the prospect of a claim for fraud.