WD have always had the right of first refusal to match any takeover offer presented to the 4DS board by a third party. That's part of the terms of the JDA.
They also have the right to take up, at any time, a license to the IP under industry comparable terms.
Both parties have the right to terminate at any time, with one months notice.
Given it costs pretty much nothing to sustain the JDA for WD, they will sign on as long as there's life in the development process.
4DS would be mad to cut them loose as having WD on board is a tacit endorsement of the technology and their development progress.
That is, of course unless they have a much better partner ready and waiting to sign on.
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