premise: 8. The term “Information” does not include and this NDA will not apply to any information that:  (a) at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure by the undersigned or any of its Representatives in violation of any obligation under this NDA);  (b) was available to the undersigned or any of its Representatives on a non-confidential basis from a source other than BDO who, insofar as was known to the undersigned or any of its Representatives, was not prohibited from transmitting the information to the undersigned or any of its Representatives by a contractual, legal or fiduciary obligation to Baldwin, BDO or any third party; or  (c) has been independently acquired or developed by the undersigned or any of its Representatives without violation of any obligation under this NDA;