premise: 4. Each party's obligations under this Agreement with respect to any portion of the other party's Confidential Information shall terminate when the Recipient can document that:  (a) it was in the public domain at the time it was communicated to the Recipient by the other party;  (b) it entered the public domain subsequent to the time it was communicated to the Recipient by the other party through no fault of the Recipient;  (c) it was in the Recipient's possession free of any obligation of confidence at the time it was communicated to the Recipient by the other party;  (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the other party or  (e) it was communicated by the other party to an unaffiliated third party free of any obligation of confidence.