premise: iii. The receiving party shall in accordance with the request of the other parties, either return all copies, recording and tangible manifestations of Proprietary/Confidential Information or destroy the same following a determination by any of the parties not to enter into any arrangement or venture with each other of the kind contemplated herein or upon termination of any related memorandum of understanding or agreement entered into between the parties or upon the written request of the disclosing party. 3. EXCEPTIONS The aforesaid restrictions on the parties shall not apply to any Proprietary/Confidential Information which i. Can be proved by documentary evidence to be such Proprietary/Confidential Information that was already in the possession of the receiving party and at its free disposal before the disclosure hereunder to it; ii. Is received by the receiving party from third parties without accompanying secrecy or confidentiality obligations and not in violation of any duty of confidence under this agreement; iii. Is independently developed by the receiving party; iv. Is or becomes generally available to the public in printed publications in general discussion through no act or default on the part of the receiving party or its agents or employees; v. Is furnished to a third party by a party hereunto who owns such Proprietary/Confidential Information without similar restriction on the third party's rights; vi. Is approved for release by written authorization of the other party; or vii.  Is disclosed pursuant to any requirement or request by operation of law provided that the involving party shall prior to disclosure notify the disclosing party of any such requirement or request. 4. OWNERSHIP All Proprietary/Confidential Information disclosed pursuant to this Agreement shall be and remain the property of the disclosing party.  Nothing in this Agreement shall be construed as granting or confirming any rights by license or otherwise expressly impliedly or otherwise, for any of the Proprietary/Confidential Information disclosed by the disclosing party hereunder.  All Proprietary/Confidential Information, existing in written form or recorded in any other tangible medium, shall be returned to the disclosing party upon its request, together with any reproductions or copies thereof. 