premise: 4. The restrictions as to the use and disclosure set out above shall not apply to: a. any of the confidential information which is or becomes published otherwise than by unauthorised publication in breach of this agreement. b. or any of the Confidential Information which is shown by written or other tangible evidence to have been known to the recipient prior to the date of the disclosure hereunder. c. or any of the confidential information which is lawfully acquired by the recipient from an independent source having a bona fida right to disclose the same. d. or any Confidential Information which as demonstrate by tangible evidence is independently developed by an employee of the recipient who has not had access to any of the Information disclosed to the recipient by the other party.