premise: This Agreement imposes no obligation upon Recipient with respect to Confidential Information which is: (a) is or becomes generally known or publicly available through no act or failure on the part of Recipient, or (b) approved in writing by the Discloser for public release or disclosure by the Recipient; or (c) disclosed to a third party by Discloser without a duty of confidentiality or is lawfully obtained by Recipient from a third party without a duty of confidentiality or restriction on disclosure, or (d) independently known by or independently developed by the Recipient without the use of Confidential Information disclosed by the Discloser; or