premise: 3. The confidentiality obligations of COMPANY with respect to the Confidential Information shall terminate with respect to any particular portion of the Confidential Information that:  (i) is now or subsequently becomes generally known or available to the public, by publication, commercial use or otherwise, through no fault of COMPANY;  (ii) was known by COMPANY at the time of disclosure;  (iii) was obtained by COMPANY from a third party, free of any obligation of confidence; or  (iv) was independently developed by COMPANY without the use of any of the Confidential Information. 