premise: (b) MARIPOSA’s nonuse and nondisclosure obligations above shall not apply to such Confidential Information as:  (1) was publicly known prior to disclosure by the Company of such information to MARIPOSA;  (2) became publicly known, without fault on the part of MARIPOSA, subsequent to disclosure by the Company of such information to MARIPOSA;  (3) was received by MARIPOSA at any time from a source, other than the Company, lawfully having possession of the right to disclose such information; or 