premise: Notwithstanding the foregoing, Confidential Information shall not include information or material that  (i) is publicly available or becomes publicly available through no action or fault of Recipient,  (ii) was already in Recipient’s possession or known to Recipient prior to being disclosed or provided to Recipient by or on behalf of the Company, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the Company or any other party with respect thereto,  (iii) was or is obtained by Recipient from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the Company or any other party with respect to such information or material, or  (iv) is independently developed by the Recipient without use of or reference to the Confidential Information.