premise: Confidential Information shall not include any information that: (i) is publicly available to the Receiving Party without breach of this Agreement; (ii) is known by and in the possession of the Receiving Party as at the date of execution of this Agreement; (iii) is rightfully received by the Receiving Party from a third party who did not acquire or disclose such information by a wrongful or tortuous act, or in breach of a confidentiality restriction; (iv) is independent developed by the Receiving Party without use of any Confidential Information; or