Template:OneNDA 1(d)

Confidential Information does not include information that is:

1. in the public domain not by breach of this Agreement,
2. known by the Receiver or its Permitted Receivers at the time of disclosure,
3. lawfully obtained by the Receiver or its Permitted Receivers 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.