premise: The obligations of confidentiality in Clause 3 above shall not apply:‐ (a) to any portion of Confidential Information where the recipient can demonstrate that the Confidential Information concerned:‐ (i) is or has become publicly known through no fault of the recipient, its employees, agents and sub‐contractors; or (ii) is lawfully received from an independent third party without any restriction and without any obligation of confidentiality; or (iii) is already known to the recipient with no obligation of confidentiality at the date it was disclosed by or obtained from the disclosing party; or (iv) is disclosed without restriction by the disclosing party to any third party. (b) to any development made by the recipient which is independently developed by the recipient without access to or use of the disclosing party's Confidential Information.