premise: The obligations under Article 2 to keep confidential all Confidential Information or Proprietary Information shall not apply to the extent that the Member can prove that any of that information: a) was in the Member’s possession without an obligation of confidentiality prior to receipt from the ICC Court; b) is lawfully obtained by the Member from a third party without an obligation of confidentiality, provided that third party is not, to the ICC Court’s best knowledge, in breach of any obligation of confidentiality to the ICC Court relating to that information; or c) is developed by the Member independent of any Confidential Information or Proprietary Information.