4. Exceptions
Notwithstanding the foregoing, the Receiving Party’s nonuse and nondisclosure obligations above may not apply to such Confidential Information to the extent that the Receiving Party can establish by written documentation that the Confidential Information was:
(ii) in the Receiving Party’s possession prior to its being furnished to the Receiving Party under the terms of this Agreement;
(iii) disclosed with the prior written approval of the Disclosing Party;
(iv) independently developed by the Receiving Party without any use of the Confidential Information and by employees of the Receiving Party who have not had access to the Confidential Information; or
(v) disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body solely to the extent set forth in such order or so required; provided, however, that the Receiving Party shall provide prompt notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.
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