premise: Confidential Information shall not, however, include any information which  (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party;  (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party;  (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure;  (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality;  (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or 