1. Since the 123 Agreement and IAEA safeguard agreement do not specifically refer to Hyde Act but indirectly refer only to domestic laws of both parties (India & US), India can pass a domestic law to negate the Hyde provisions. Legall, the US is bind to their domestic laws while India to our own. This creates a legal gridlock. Such a law, India tactly will pass after the US Congress ratifies the treaty since it may raise a controversy among US legislators if we did before the US Congress rtifies the agreement
2. Once we get a NSG waiver, it means we can trade with any country we wish to nuclear trade with. The 123 Agreement does not curtail this right. So we can trade with countries like Russia, France who do not have such Hyde Act equivalents. Accordingly it becomes in US commercial interests to let Hyde Act provisions be superceded practically as they do in China's case. Though the Sino-US deal talks about Tibet and human rights, the US makes noises on these issues without endangering the treaty
