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