premise: The Confidential Information shall not include information that the Receiving Party can demonstrate  (a) is or becomes available to the public other than as a result of acts by the Receiving Party or its Representatives in breach of the terms of this Agreement,  (b) was in the Receiving Party’s possession prior to disclosure by the Company, provided that such information, to the Receiving Party’s knowledge, was not subject to another confidentiality agreement with the Company or another party,  (c) has been independently developed by the Receiving Party without reference to, or the use of, any Confidential Information or 