Notwithstanding the foregoing, a receiving party may disclose or utilize confidential information that (i) was in the public domain at the time of its reception or has subsequently passed into the public domain other than through the acts or omissions of the receiving party or of a person for whom the receiving party is responsible; (ii) the receiving party can demonstrate was known to it prior to reception thereof from the other party; (iii) the receiving party can demonstrate was developed independently by the receiving party without knowledge or use of the confidential information received; (iv) is required to be disclosed by the order of a court or administrative agency; (v) is required for the purposes of enforcing this Memorandum.