not withstanding the foregoing, the provisions of this section shall not apply to any information that can be proved by clear and convincing evidence is or becomes generally available to the public (other than as a result of a disclosure by distributor either directly or indirectly), was available to distributor on a non-confidential basis prior to its disclosure to distributor by abs pursuant hereto, is or becomes available to distributor on a non-confidential basic from a source (other than abs) that is entitled to disclose it, is required to be disclosed by a court of competent jurisdiction, or was independently developed by distributor without reference to or use of or based on any confidential information
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