premise: 3. Neither Party hereto shall be obligated to preserve the confidentiality of any Confidential Information that: (a) prior to any disclosure by Disclosing Party was known by Receiving Party, free of any known obligation to keep it confidential; (b) is or becomes publicly available by other than unauthorized disclosure by Receiving Party or any of its Representatives; (c) can verifiably be shown to have been developed by Receiving Party or its Representatives independently of any Confidential Information of Disclosing Party; or