premise: The Confidential Information shall not include information that  (a) is or becomes available to the public other than as a result of acts by the Receiving Party in breach of the terms of this Agreement,  (b) was in the Receiving Party’s or its Representatives’ possession nor to disclosure by the Company,  (c) is disclosed to the Receiving Party or its Representatives by a third party not known by the Receiving Party or its Representatives to be bound by any duty or obligation of confidentiality on a non-confidential basis to the Company with regards to the information or 