premise: The term "Evaluation Materials" does not include information which  (i) is or becomes generally available to the public other than as a result of a disclosure by us or our representatives,  (ii) was or becomes available to us on a non-confidential basis from a source other than the Company or its representatives, provided that such source is not prohibited from disclosing such information to us by a contractual, legal or fiduciary obligation to the Company or its representatives, or  (iii) is independently developed by us. 