premise: d. The obligations of confidentiality set forth in this Agreement do not apply to information which  (i) becomes publicly known without the fault of Receiving Party or DOE;  (ii) has been made available by Disclosing Party (or the owner if other than Disclosing Party) to others without obligation concerning its confidentiality;  (iii) is already in the possession of Receiving Party or DOE without obligation concerning its confidentiality;  (iv) is independently developed by employees of Receiving Party or DOE who did not have access to such Proprietary Information or NREL Protected Information; or 