premise: However, that information disclosed by the Disclosing Party hereunder shall not be Confidential Information if it is, as proven by the Receiving Party by appropriate documentation: (a) already available to the public or becomes available to the public through no breach of the Agreement by the Receiving Party; or (b) in the Receiving Party's possession prior to receipt from the Disclosing Party; or (c) received independently from a third party free to disclose such information to the Receiving Party; or (d) the result of developments undertaken by the Receiving Party’s personnel which had no access to such information.