premise: (a) "Evaluation Material" means any oral or written information concerning Sunglass Hut, its subsidiaries, business, markets, products, prospects or finances furnished by it (in such capacity, the "Provider") or any of its Representatives (as defined below) to Luxottica (in such capacity, the "Recipient") or any of its Representatives, except information which:  (i) is or becomes generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the Recipient or any of its Representatives who received such information pursuant hereto);  (ii) is or becomes available to the Recipient or any of its Representatives on a nonconfidential basis from a source other than the Provider or any of its Representatives; provided, that such source is not and was not bound by a confidentiality agreement with, or other similar obligation to, the Provider of which the Recipient or any of its Representatives are aware; or  (iii) has been independently acquired or developed by the Recipient or any of its Representatives without violating any of its obligations under this Agreement.