premise: Confidential Information shall not include any information that:  (a) prior to its disclosure by the Disclosing Party is already lawfully and rightfully known by or available to the Recipient as evidenced by prior written records; (b) through no wrongful act, fault or negligence on the part of the Recipient is or hereafter becomes part of the public domain;  (c) is lawfully received by the Recipient from a third party without restriction and without breach of this agreement or any other agreement;  (d) is approved for public release or use by written authorization of the Disclosing Party;  (e) the Recipient can demonstrate was independently developed by it without reference to the Disclosing Party’s Confidential Information; or  (f) is disclosed pursuant to the requirement or request of a governmental agency or court of competent jurisdiction to the extent such disclosure is required by a valid law, regulation or court order and sufficient notice is given by the Recipient to the Disclosing Party of any such requirement or request in order to permit the Disclosing Party to seek an appropriate protective order or exemption from such requirement or request.