premise: 5. This Agreement shall not restrict disclosure or use of Proprietary Information that is: A. Now, or hereafter becomes, through no act or failure to act on the part of Receiving Party, generally known or available; or B. Known by the Receiving Party at the time of receiving such information as evidenced by records of the Receiving Party; or C. Hereafter furnished to the Receiving Party, as a matter of right and without restriction on disclosure, by a third party who had not received any Proprietary Information from the Disclosing Party or the Receiving Party; or