6.4 Notwithstanding the foregoing provisions, Confidential Information will not include any information that the Receiving Party can demonstrate:
6.4.1 Was already known to the Receiving Party without any obligation of confidentiality prior to disclosure of it by the Disclosing Party;
6.4.2 Is disclosed to the Receiving Party without obligation or confidentiality by a third party who has the right to make such disclosure;
6.4.3 Is in the public domain or hereafter enters the public domain through no fault of the Receiving Party; and
6.4.4 Is subpoenaed by an appropriate agency, as long as the Receiving Party provides notice to the other party sufficiently in advance of and before making any disclosure to allow the Disclosing Party to object to, limit or otherwise protect its Confidential Information from disclosure.