premise: 2. Neither party has any obligation with respect to any Conﬁdential Information which  (a) that party independently develops without reference to the Conﬁdential Information;  (b) is or becomes publicly known without a breach of this Agreement by either party or is known prior to the date hereof;  (c) is disclosed to it by a third person who is not required to maintain its conﬁdentiality; 