premise: The obligation of confidentiality set forth in this Agreement shall not apply to any information that:  (a) is, at the time of disclosure to the receiving party, generally available to the public or thereafter becomes generally available to the public through no act, omission or fault of the receiving party;  (b) is required to be disclosed by the receiving party by final order of a court of competent jurisdiction or law, regulation or rule of a self-regulatory body; provided, however, that prior to such disclosure by the receiving party, the receiving party shall provide written notice of such order or requirement to the disclosing party and allow the disclosing party a reasonable opportunity to secure confidential treatment of any information by such court or appropriate government agency, if applicable, and the receiving party shall cooperate with the disclosing party in such effort;  (c) is known by the receiving party at the time of receipt from the disclosing party as evidenced by the receiving party’s documentation and not subject to an existing agreement of confidentiality;  (d) was independently developed by the receiving party as evidenced by its records without use of the Confidential Information; or 