premise: Notwithstanding the foregoing, “Confidential Information” shall not include the following types of information if the Recipient establishes by competent proof that the information:  (i) is now or subsequently becomes generally available to the public without a breach of this Agreement by the Recipient;  (ii) was known to or rightfully in the possession of the Recipient prior to the date of disclosure of such Confidential Information;  (iii) is developed by the Recipient independent of the disclosure made under this Agreement;  (iv) is supplied to the Recipient by a third party without restriction on such disclosure; or 