premise: 3. Recipient’s obligations under Section 2 will not apply to any of Discloser’s Confidential Information that Recipient can document:  (a) was in the public domain at or subsequent to the time the Confidential Information was communicated to Recipient by Discloser through no fault of Recipient;  (b) was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time the Confidential Information was communicated to Recipient by the Discloser;  (c) was developed by employees or agents of Recipient independently of and without reference to any of Discloser’s Confidential Information; or 