premise: The foregoing obligations and restrictions do not apply to that partof the Confidential Information that the Contractor can demonstrate: i) was available or became generally available to the public other than as a result of a disclosure by the Contractor; or ii) was available, or became available, to the Contractor on a non-confidential basis prior to its disclosure to the Contractor by the Company or a Company representative, but only if such information was not made available through a breach of confidentiality owed to the Company; or iii) was requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar process) or is required by a regulatory body to make any disclosure which is prohibited or otherwise constrained by this Agreement, provided, however, that the Contractor shall:  (A) provide the Company with prompt notice of any such request(s) so that the Company may seek an appropriate protective order or other appropriate remedy: and 