Template:OneNDA 1(b)

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Confidential Information does not include information that is:

  1. in the public domain not by breach of this Agreement,
  2. known by the Receiver at the time of disclosure,
  3. lawfully obtained by the Receiver from a third party other than through a breach of confidence,
  4. independently developed by the Receiver, or
  5. expressly indicated by the Discloser as not confidential.