premise: 2. Exclusions. “Confidential Information” under this Agreement shall not include any information that  (i) is or becomes publicly available through no wrongful act of Recipient;  (ii) was known by Recipient prior to disclosure by Discloser, as evidenced by tangible records; (iii) becomes known to Recipient after disclosure from a third party having an apparent bona fide right to disclose it without any confidentiality obligation; 