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  (iii) at the time of disclosure or thereafter is generally available to the public (other than as a result of disclosure by Investor or its Representatives in violation of this Agreement), or  (iv) Investor can demonstrate has been independently developed by it or on its behalf without reliance on the Evaluation Material. 