premise: 4. This Agreement shall not apply to any Information which the Receiving Party:  (a) can show is or becomes publicly available through no fault of the Receiving Party;  (b) can show was in its possession prior to the date of disclosure;  (c) may subsequently receive from any third party legally in possession of the Information and who was not restricted from disclosing it;  (d) can show is independently acquired by the Receiving Party as a result of work carried out by an employee, consultant or contractor of the Receiving Party to whom no disclosure of Information has been made; or 