premise: (d) "Evaluation Material" shall not include any information which Participant can demonstrate  (i) was or becomes generally available to the public other than as a result of a disclosure by Participant or its Representatives, or  (ii) was or becomes available to Participant or its Representatives on a nonconfidential basis from a source other than Originator or its Representatives or Target or its representatives (provided that such source is not known by participant to be bound by a confidentiality obligation or fiduciary obligation prohibiting or otherwise restricting the disclosure of such information) or 