premise: 9. Provisions of this Agreement do not refer to the Confidential Information which: • at the time of disclosure (or transfer/announcement) to the Receiving Party, was or became generally known or published without the Receiving Party's breach of this Agreement, provided that the Receiving Party may specify the source of such publicly known information; • at the time of disclosure (or transfer/announcement) under this Agreement, was already known to the Receiving Party and was not received by the Receiving Party under the terms of confidentiality, provided that the Receiving Party can prove the same; and • was received by the Receiving Party lawfully from a third party after its disclosure (transfer, announcement) by the Disclosing Party pursuant to the terms of this Agreement, provided that the Receiving Party can prove the same.