premise: Such Proprietary  Information shall not include information which  (1) is in or (other than by an act attributable to the Receiving Party) passes into the public domain;  (2) was in the possession of the Receiving Party prior to disclosure thereof by or on behalf of the Disclosing Party;  (3) is disclosed to the Receiving Party by a third party who lawfully possesses such information and who is duly authorized or otherwise entitled to disclose such information; 