premise: The obligation of confidentiality set out in this Agreement shall not apply to any Confidential Information that: a) was known to the Receiving Party prior to such disclosure by the Disclosing Party, as evidenced by documentary or other physical evidence; b) was public knowledge at the time of such disclosure to the Receiving Party, or becomes public knowledge after such disclosure, through no action or omission by or on behalf of the Receiving Party; c) is lawfully disclosed or made available to the Receiving Party by a third party having no obligation to the Disclosing Party to maintain the confidentiality of such information;