The provisions of Article E.1 above shall not apply to information that:
(a) can be shown to be known by the receiving Party by written records made prior to disclosure by the disclosing Party;
(b) is or becomes public knowledge otherwise than through the receiving Party’s breach of this Contract; or
(c) was obtained by the receiving Party from a third party having no obligation of confidentiality with respect to such information.
E.3 Confidentiality Rules
Each Party shall formulate rules and regulations to inform its directors, senior staff, and other employees, and those of their Affiliates of the confidentiality obligation set forth in this Article E.
E.4 Return of Material
On the Expiration Date [or upon the disclosing Party’s request at any time], the receiving Party shall (i) return to the other Party, or at the disclosing Party’s direction destroy, all materials (including any copies thereof) embodying the other Party’s Confidential Information and (ii) certify in writing to the other Party, within ten (10) days following the other Party’s request, that all of such materials have been returned or destroyed.