premise: 3. Notwithstanding any other provisions of the Agreement, each party acknowledges that Confidential Information shall not include any information which: a. was known to the Receiving Party prior to the disclosure hereunder; b. was received from a third party not under an obligation of confidence to Receiving Party; c. is in the public domain at the time of disclosure hereunder or subsequently entered in the public domain without the fault of the Receiving Party; d. has been independently developed by an employee of the Receiving Party that has not had access directly or indirectly to Confidential Information, and Receiving Party can substantiate any claim of independent development by written evidence; or