premise: The obligations of confidentiality in Clause 3 above shall not apply:‐ (a) to any portion of Confidential Information where the recipient can demonstrate that the Confidential Information concerned:‐ (i) is or has become publicly known through no fault of the recipient, its employees, agents and sub‐contractors; or (ii) is lawfully received from an independent third party without any restriction and without any obligation of confidentiality; or