premise: Notwithstanding any other provision of this Agreement, Data shall not be, or shall cease to be, Confidential Data hereunder:  (a) if such Data is known to the receiving party prior to disclosure thereof by the disclosing party;  (b) after such Data is published or becomes available to others, without restriction and without breach of this Agreement by the receiving party;  (c) after such Data becomes available to the receiving party from others having no obligation to hold such Data in confidence; or  (d) if such Data is developed by the receiving party independently of any disclosure of such Data by the disclosing party.