premise: 5. This Agreement shall not apply to Information that: (a) is in or enters the public domain, through no fault of the Receiving Party; or (b) is or has been disclosed by the Disclosing Party to the other Party or to a third party without restriction; or (c) is already in the possession of the Receiving Party, without restriction and prior to disclosure of the Information hereunder; or (d) is or has been lawfully disclosed by a third party to the Receiving Party without an obligation of confidentiality; or