premise: Confidential Information does not include information or materials that  (i) are or became generally known or available to the public through no fault of Receiving Party;  (ii) were already known to Receiving Party without restriction, prior to receipt from Disclosing Party, as evidenced by files in existence at the time of such disclosure;  (iii) are lawfully disclosed to Receiving Party by a third party who is not under any obligation, whether contractual, fiduciary, statutory, or otherwise, of confidentiality to Disclosing Party with respect to such Confidential Information;  (iv) are at any time developed by Receiving Party independently without use of, or reference to, the Confidential Information of the other Party, or(v) are disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body with proper jurisdiction; provided, however, that Receiving Party uses diligent efforts to limit such disclosure, endeavors to obtain assurance that confidential treatment will be accorded the Confidential Information so disclosed, and notifies Disclosing Party within five (5) days of receipt of such court order or requirement to enable Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.