premise: The foregoing shall not apply to that part of any Confidential Information that: (a) is disclosed or used by COMPANY in accordance with any written consent granted by ROCHESTER; or (b) at the time of receipt by COMPANY was independently known by COMPANY; or (c) at any time becomes generally known to the public through no fault of COMPANY; or (d) has been or is made available to COMPANY by a third party having the lawful right to do so without breaching any obligation of nonuse or confidentiality to ROCHESTER; or