4 The obligations stipulated in Articles 2 and 3 herein shall not apply to any Confidential Information which the Recipient can show (and it shall be for the Recipient to show):
(a) is publicly available or in the public domain at the time it is disclosed to the Recipient by the Discloser;
(b) becomes publicly available or public domain information through no fault of the Recipient subsequent to the time it is disclosed to the Recipient by the Discloser;
(c) is developed by the Recipient or its Authorized Personnel independently without access to or use or knowledge of the Confidential Information;
(d) is lawfully received by the Recipient without restriction on disclosure or use from a third party which is free to make such disclosure on such terms; or
(e) is imparted by the Discloser, either before or after the time of disclosure to the Recipient, to a third party without restrictions on disclosure or use.
5 Any and all Confidential Information and copies thereof shall, at all times, remain the sole property of the Discloser and/or its licensor(s), and upon the request of the Discloser, the Recipient shall promptly return to the Discloser, to the extent reasonably, practicably, and legally possible, all Confidential Information, in whatever format, in the possession or control of the Recipient, including all originals, copies, reprints and translations thereof and any notes prepared by the Recipient or its Authorized Personnel in connection with the Confidential Information.
6 If the Recipient becomes legally compelled to disclose any of the Confidential Information, the Recipient may disclose the Confidential Information without any liability hereunder; Provided, However, the Recipient shall provide the Discloser with prompt notice so that the Discloser may have an opportunity to seek a protective order or other appropriate remedy, if it is reasonably, practicably and legally possible for the Recipient to provide such notice