premise: The term “Evaluation Material” does not include, and the obligations hereunder do not apply to, information, knowledge or data which  (i) was in Investor’s or its Representatives’ (as defined below) possession prior to disclosure by the Company, or  (ii) was or becomes available to Investor or its Representatives on a non-confidential basis from a party other than the Company provided that such party is not known to Investor, after reasonable inquiry, to be under an obligation of confidentiality to the Company with respect to such information, or 