premise: 3. This Agreement shall not apply to, and Potential Purchaser shall have no obligation with respect to, any information which  (i) is or becomes generally available to the public through no breach of this Agreement by Potential Purchaser, or actual knowledge by Potential Purchaser of breach by its Representatives,  (ii) was already known by Potential Purchaser or a third party, or in Potential Purchaser’s possession prior to the date of this Agreement,  (iii) becomes available to Potential Purchaser on a non-confidential basis from a source, other than the Company or its agents, which is or was not known to be prohibited from disclosing such portions of the Evaluation Materials by a contractual or legal obligation to the Company, 