premise: The undertakings set out in 4 shall not apply to Confidential Information which the Receiving Party is able to prove – 5.1 was in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; or 5.2 is as at the Signature Date in, or thereafter comes into, the public domain other than by any breach of this Agreement by the Receiving Party; or 5.3 was lawfully received by the Receiving Party from a third party acting in good faith, having a right of further disclosure and who did not derive the same directly or indirectly from the Disclosing Party; or