premise: 3. Company shall not  (i) use any portion of the Confidential Information for any purpose except to evaluate the RFP, including assessment of each Statement of Work under the RFP, in order to prepare its response to the RFP or  (ii) disclose the Confidential Information or any part of it to any third party without the prior written consent of the AOC; provided, however, that Confidential Information shall not include any information of the AOC that:  (a) is already properly known to Company at the time of its disclosure as shown by the Company’s files and records immediately prior to the time of disclosure by the AOC to Company;  (b) is publicly known through no action or inaction of Company;  (c) is received from a third party free to disclose it to Company; 