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,  (d) is made available to the Recipient or its Representatives by any person other than a member of the CEDC Group without any known breach of any obligation of confidentiality of such other person, or 