premise: 4. It is understood by the parties that this obligation of confidentiality shall not apply to information which: 1. is published or becomes published or otherwise becomes generally available to the public through no breach of this Agreement by BATTELLE; or 2. BATTELLE can show was properly in its possession prior to receipt of the disclosure from ADC; or 3. is independently developed by BATTELLE staff not having access to ADC Proprietary Information as demonstrated by competent documentary evidence; or 4. becomes available to BATTELLE from an independent source without breach of agreement or violation of law; or 5. is required to be disclosed pursuant to proper governmental or judicial process, provided that notice of such process is promptly provided to ADC in order that ADC may have every reasonable opportunity to intervene in such process to contest such disclosure