premise: The obligations under the NDA do not apply to information of the Disclosing Party which is: a) at the time of disclosure or thereafter available to the public generally through no failure on the part of the Receiving Party; b) known to the Receiving Party at the time of its disclosure; c) disclosed to the Receiving Party by a third party having the right to disclose Confidential Information and without restrictions as to use or disclosure; or d) developed independently by the Receiving Party without use of or reference to the Confidential Information received.