premise: 3. The HNBA agrees that the Board Member shall not be liable for any disclosure or use of any Confidential Information if: (a) Such Confidential  Information is publicly available or later becomes publicly available other than through a breach by the Board Member of this Agreement; or (b) Such Confidential  Information is lawfully obtained by the Board Member from a third- party or parties independent of the HNBA prior to the Board Member’s disclosure; (c) The Board Member can demonstrate by documentary evidence or otherwise that such Confidential Information was known to him or her prior to its disclosure to the Board Member by the HNBA or was independently developed by the Board Member prior to such disclosure for purposes unrelated to his or her service as a Board Member; or