premise: 5. The obligations of confidentiality and restrictions on use set forth in Paragraph 2 above do not apply to information that Recipient can demonstrate by competent physical evidence: (a) Was already known by Recipient prior to receipt from Discloser or becomes known by Recipient independently of Discloser through no wrongful act of Recipient; (b) is now, or becomes, publicly known through no violation of this Agreement; (c) is disclosed pursuant to law, regulation or lawful order or process, provided that Recipient promptly notifies  Discloser so as to permit Discloser to oppose or limit such disclosure; or