premise: Notwithstanding the provisions of this Agreement, the obligations and restrictions set forth herein regarding Confidential Information shall not apply to information that the Receiving Party can establish (i) is or becomes publicly available other than as a result of a breach of this Agreement by the Receiving Party, (ii) is lawfully received from a third party which is, to the reasonable knowledge and belief of the Receiving Party, not under any obligation of confidentiality for the benefit of the Disclosing Party, (iii) was either in the possession of or known to the Receiving Party at the time of disclosure without any limitation on use or disclosure for the benefit of the Receiving Party, or (iv) is independently developed by the Receiving Party without the use, reference to or benefit of the Disclosing Party’s Confidential Information.