premise: The term Evaluation Material does not include information which  (i) is or becomes publicly available other than as a result of a disclosure by the Recipient or its Representatives in breach of this Agreement,  (ii) was within the Recipient’s possession prior to its being furnished to the Recipient by or on behalf of the Provider,  (iii) is or becomes available to the Recipient on a non-confidential basis from a source other than the Provider or its Representatives, 