premise: The Receiving Party shall not be bound by the obligations restricting disclosure and use set forth in this Agreement with respect to Confidential Information, or any part thereof, which:  (i) was lawfully in the public domain prior to its disclosure, or becomes publicly available other than through a breach of this Agreement;  (ii) was disclosed to the Receiving Party by a third party, provided such third party is not in breach of any confidentiality obligation in respect of such information; 