premise: The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 11.1. is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 11.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 11.3. is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement;