premise: The obligations contained in Article 3 are not applicable to information that the Recipient can demonstrate by written evidence: 4.1 has come into the public domain prior to, or after, the date of receipt of the Confidential Information from the GSA through no fault or unauthorised act of the Recipient or an Authorised Third Party; 4.2 was already lawfully developed or acquired by the Recipient at the date of receipt of the Confidential Information from the GSA; 4.3 has been or is published without violation of this Agreement; 4.4 was lawfully obtained by the Recipient without restriction and without breach of this Agreement from a third party, who is in lawful possession thereof, and under no obligation of confidence to the GSA;