premise: The obligations of the Prospective Vendor specified in Section 3 above shall not apply, and the Prospective Vendor shall have no further obligations, with respect to any Proprietary Information to the extent Prospective Vendor can demonstrate, by clear and convincing evidence, that such Proprietary Information. (a) is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on the part of the Prospective Vendor; (b) is in the Prospective Vendor’s possession at the time of disclosure otherwise than as a result of Prospective Vendor’s breach of any legal obligation; (c) becomes known to the Prospective Vendor through disclosure by sources other than the Company having the legal right to disclose such Proprietary Information; (d) is independently developed by the Prospective Vendor without reference to or reliance upon the Proprietary Information; or