premise: d. The obligations of confidentiality set forth in this Agreement do not apply to information which  (i) becomes publicly known without the fault of Receiving Party or DOE;  (ii) has been made available by Disclosing Party (or the owner if other than Disclosing Party) to others without obligation concerning its confidentiality;  (iii) is already in the possession of Receiving Party or DOE without obligation concerning its confidentiality;  (iv) is independently developed by employees of Receiving Party or DOE who did not have access to such Proprietary Information or NREL Protected Information; or  (v) is required to be disclosed by U.S. law, including, with respect to Alliance, a Freedom of Information Act request if no exemption is deemed by DOE to be applicable, and, with respect to both Parties, a court order from a court of competent jurisdiction, provided that Receiving Party promptly notifies Disclosing Party and uses diligent efforts to limit such disclosure. 