premise: 3.1 Notwithstanding anything to the contrary herein, the Company’s confidentiality obligations shall not apply to Confidential Information that: 3.1.1  Is known to the Company at the time of disclosure; 3.1.2  Is independently developed by the Company provided that party can show that such development was accomplished without the use of or any reference to the Confidential Information; 3.1.3  Becomes known to the Company from another source without confidentiality restriction on subsequent disclosure or use, provided that such source is not in breach of its obligations of non-disclosure;