premise: Notwithstanding the foregoing, the term “Confidential Information” does not include information which Recipient can demonstrate  (a) was known by the Recipient or its Affiliates or Representatives in their capacity as such prior to the time of disclosure to the Recipient by or on behalf of the Disclosing Party,  (b) was or becomes available to the public other than as a result of its disclosure by the Recipient or its Representatives in breach of this Agreement,  (c) was, is or becomes available to the Recipient or its Representatives in their capacity as such from a third party who is not known by the Recipient or such Representative to be under any obligation of confidentiality to the Disclosing Party with respect thereto or otherwise prohibited from disclosing such information by any legal, contractual or fiduciary obligation, or  (d) was or is independently developed by the Recipient or its Representatives without use of the Confidential Information.