premise: "INFORMATION" does not include information, technical data or know-how which the receiving party establishes:  (i) is already published or available to the public other than by a breach of this Agreement or any confidentiality obligation owed to the disclosing party;  (ii) is rightfully received from a third party without, and not in breach of, any obligation of confidentiality;  (iii) is independently developed by personnel or agents of the receiving party without access to the INFORMATION of the other;  (iv) is known to the receiving party at the time of disclosure without an obligation of confidentiality; or  (v) is produced in compliance with applicable law or a court order, provided that the receiving party first gives the disclosing party reasonable notice of such law or order and gives the disclosing party opportunity to oppose and/or attempt to limit such production.