premise: (5) Notwithstanding the foregoing, Confidential Information does not include information that: (a) Was already in the Recipient’s possession before disclosure by the Discloser, and the information was received by the Recipient without the obligation of confidence; (b) Is independently developed by Recipient without use of, or reference to, Confidential Information; (c) Is or becomes publicly available without breach of this Agreement except as provided in  2)a)i)(6); (d) Is rightfully received by the Recipient from a third party without an obligation of confidence; or 