premise: The Confidential Information shall not include information that  (i) is or becomes publicly available other than as a result of acts by the Receiving Party or its Representatives in breach of the terms of this Agreement,  (ii) is in the Receiving Party’s possession or the possession of any of its Representatives prior to disclosure by or on behalf of the Disclosing Party or is independently derived by the Receiving Party or any of its Representatives without the aid, application or use of the Confidential Information,  (iii) is disclosed to the Receiving Party or any of its Representatives by a third party on a non-confidential basis, or 