premise: Confidential Information does not include information, which is shown by clear and convincing evidence to be  (i) publicly available without breach by the receiving Party of its obligations to the disclosing Party under this Agreement;  (ii) known to the receiving Party prior to the disclosing Party's disclosure of such information to the receiving Party;  (iii) known to the receiving Party other than by the breach of an obligation of confidentiality owed to the disclosing Party under this Agreement from a source other than the disclosing Party; 