premise: 2. Notwithstanding the foregoing, information which would otherwise be considered “Confidential Information”, is not subject to the terms of this Agreement if such information is: (a) in the public domain other than as a consequence of a breach of the obligations contained in this Agreement or other duty of confidentiality to the Disclosing Party relating to such information; (b) known by the party receiving the Confidential Information (the “Recipient”) prior to the disclosure of the Confidential Information by the disclosing party (the “Disclosing Party”) without any other obligation of confidentiality to the Disclosing Party; (c) independently developed by the Recipient without breach of this Agreement or other duty of confidentiality to the Disclosing Party relating to such information; or