premise: The undertakings contained in Clause 2 of this Agreement shall not apply to such of the Confidential Information as: 3.1 is at the time of being obtained by the Receiving Party within the public domain other than as a result of breach of this Agreement; or 3.2 is proved by documentary evidence as being at the time of the Agreement already lawfully in the possession of the Receiving Party; or 3.3 after being obtained by the Receiving Party comes within the pubic domain other than by reason of a breach by any Party of the undertakings contained in this Agreement; or 3.4 is properly received by the Receiving Party from a third party who is rightfully in possession of such Confidential Information and who is not bound by any obligation of confidence or secrecy; or