III) EXCEPTIONS
The forgoing undertaking shall not apply to any disclosure:
(a) required by law, regulation, governmental order, or order of any competent court, provided however that, in such case, the Recipient is obliged to inform NMT prior to the disclosure of information so that NMT can find an appropriate counter-measure of how to disclose the Confidential Information to only the portion which is compelled to be disclosed; and
(b) of any information being in public domain at the time of disclosure, provided that such information did not fall into public domain as the result of a breach by any person, including a breach of this Undertaking.