2. Notwithstanding the provisions of obligations in the previous paragraph, such confidentiality obligation shall not apply to any information which:
(a) at the time of disclosure is in the public domain;
(b) after disclosure becomes part of the public domain through no fault of the Receiving Party;
(c) prior to the time of disclosure has been developed independently by the Receiving Party as shown by its written records;
(d) has been lawfully acquired by the Receiving Party from a third party without breach of such third party’s obligations of confidentiality;
(e) is already in the possession of the Receiving Party at the time of disclosure;
(f) is subsequently developed independently by the Receiving Party as shown by its written records; or
(g) is required to be disclosed by the government and/or a court based on laws, statutes and/or orders.
3. Neither party hereto shall disclose to any third party, without the prior written consent from the other party, (i) the existence and contents of this Agreement, and (ii) the fact that both parties are negotiating on business matters and/or in a business relationship.
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