premise: 5. Receiving Party shall have no obligations under this Agreement with respect to Confidential Information if it can demonstrate that the information:  (a) is publicly available at the time of disclosure;  (b) becomes publicly available after disclosure through no act of the receiving party or its representatives;  (c) is in the receiving party’s possession free of obligation;  (d) is developed by the receiving party without use of the Confidential Information or through other breach of this Agreement;  (e) is disclosed to the receiving party by a third party without obligation; 