premise: Confidential Information does not include, and the obligations under Section 2 shall not apply to, information that such Recipient can evidence:  (a) is, or later becomes, publicly available through no act or default of Recipient;  (b) is rightfully in its possession prior to disclosure to Recipient by Discloser;  (c) is received in good faith by Recipient from a third party, free of any obligation of confidentiality;  (d) was communicated by such Discloser to an unaffiliated third party on an unrestricted basis; or  (e) is independently developed without use of Discloser’s Confidential Information.