premise: CONFIDENTIAL INFORMATION  shall not include information that  (i) is otherwise in the public domain, unless such information is wrongfully in the public domain due to RECEIVING PARTY’s action or RECEIVING PARTY is informed, in writing, by the DISCLOSING PARTY, that such information is wrongfully in the public domain;  (ii) can be shown by documentation to have been lawfully obtained or developed independently of any disclosure made by the DISCLOSING PARTY pursuant to this AGREEMENT and is not subject to any obligation of nondisclosure owing to any PARTY; 