premise: 1.2 Notwithstanding anything herein to the contrary, Confidential Information shall not include any information that  (a) is or becomes publicly available (other than through a breach of this Agreement by the Recipient),  (b) is in the possession of or known to the Recipient or its Representatives prior to such information having been furnished to Recipient hereunder,  (c) is independently conceived, developed or discovered by the Recipient or on its behalf, 