premise: a) “Confidential Information” shall not include information that: i. was publicly known at the time of the Disclosing Party’s communication thereof; ii. becomes publicly known through no fault of Recipient subsequent to the time of Disclosing Party’s communication thereof to Recipient; iii. was in Recipient’s possession free of any obligation of confidence at the time of Disclosing Party’s communication thereof to Recipient; iv. is developed by Recipient independently of this Agreement without use or reference to the Disclosing Party's Confidential Information;