premise: Confidential Information shall not include information  (i) which was lawfully in the possession of Recipient prior to disclosure of such information by the Company;  (ii) which was, or at any time becomes, available in the public domain other than through a violation of this Agreement;  (iii) which is documented, to the satisfaction of both Parties, by Recipient as having been developed by Recipient independently; or  (iv) which is furnished to Recipient or its representatives by a third party not under an obligation of and without a violation of confidentiality to the Company.