premise: The undertakings given by the Recipient in this Agreement shall not apply to any information which – 7.3.1 is or becomes generally available to the public other than by the negligence or default of the Recipient and/or any Permitted Person, or by the breach of this Agreement by any of them; 7.3.2 the Disclosing Party confirms in writing is disclosed on a non-confidential basis; 7.3.3 has lawfully become known by or come into the possession of the Recipient on a non-confidential basis from a source other than the Disclosing Party or any of its Affiliates having the legal right to disclose same, provided that such knowledge or possession is evidenced by the written records of the Recipient existing at the Signature Date; 7.3.4 has been rightfully acquired from a third party having an unrestricted legal right to disclose the same;