premise: Notwithstanding the foregoing, “Evaluation Material” does not include any information or data that:  (i) is or was independently developed by Buyer or any of its Representatives without the benefit of any Evaluation Material;7  (ii) is or becomes generally available to the public, other than as a result of disclosure by or on behalf of Buyer or any of its Representatives in breach of this Agreement;  (iii) is or becomes available to Buyer [on a non-confidential basis]8 from a source other than the Company or any of its  Representatives, so long as that source[, to Buyer’s knowledge after reasonable inquiry,]9 is not bound by a legal, contractual or fiduciary obligation of confidentiality to the Company; or 