premise: This Agreement does not apply to or restrict the Parties from using or disclosing: (a) Confidential information that is or becomes public other than through a breach of this Agreement; (b) Confidential information already known to the receiving party prior to the date of this Agreement (as evidenced by the receiving party's written and dated records) and with respect to which the receiving party does not have an obligation of confidentiality; (c) Confidential information that is independently developed by the receiving party;