premise: (b) As used in this Agreement, “Confidential Information” specifically excludes any information that:  (i) has been or becomes publicly available or is now, or in the future, in the public domain in each case without any breach of this Agreement;  (ii) prior to disclosure to Receiving Party hereunder, is within the possession of Receiving Party without any obligation of confidentiality;  (iii) subsequent to disclosure hereunder, is lawfully received from a third party having rights therein without restriction of such third party’s or Receiving Party’s right to disseminate such information, and without notice of any restriction against its further disclosure; or  (iv) is independently developed by Receiving Party by way of persons or entities which have not used, referenced or had access to (directly or indirectly) Confidential Information.