premise: The Receiving Participant shall have no obligation with respect to information which: (i) was lawfully in the possession of or known to the Receiving Participant without any obligation of confidentiality prior to receiving it from the Disclosing Participant; (ii) is, or subsequently becomes, legally and publicly available other than by the Receiving Participant’s breach of this Agreement; (iii) becomes publicly available by action of the Disclosing Participant; (iv) is lawfully obtained by the Receiving Participant from a source other than the Disclosing Participant not under any obligation of confidentiality to the Disclosing Participant; (v) is developed by or for the Receiving Participant without use of the Confidential Information, provided such independent development can be shown by documentary evidence; or (vi) is disclosed by the Receiving Participant pursuant to a valid order issued by a court or government agency, provided that the Receiving Participant provides to the Disclosing Participant (a) prior written notice of such obligation, and (b) reasonable cooperation with Disclosing Participant’s efforts to limit or oppose such disclosure or obtain a protective order. The terms of confidentiality under this Agreement shall not be construed to limit the Participant’s right to develop independently or acquire products without use of the Confidential Information or to reassign Participant’s own Representatives within Participant’s own organization.