under termes at least as restrictive as those specified in this Agreement. Each party will use reasonable measures to maintain the confidentiality of the Confidential Information, but not less than the measures it uses for its confidential information or similar type. Each party will immediately give notice to the Disclosing Party of any unauthorized use or disclosure of the Confidential Information. The Recipient agrees to assist the disclosing party in remedying any such unauthorized use or disclosure of the Confidential Information. This obligation will not apply to the extent that the Recipient can demonstrate: (a) the disclosed information at the time of disclosure is part of the public domain; Page 5 (b) the disclosed information became part of the public domain, by publication or otherwise, except by breach of the provisions of this Agreement; (c) the disclosed information can be established by written evidence to have been in the possession of the Recipient at the time of disclosure; (d) the disclosed information is received from a third party without similar restrictions and without breach of this Agreement; or (e) the disclosed information is required to be disclosed by a government agency to further the objectives of this agreement, such as to obtain permission to distribute the Program of by a proper court of competent jurisdiction; provided, however, that the Recipient wil use its best efforts to minimize the disclosure of such information and will consult with and assist the Disclosing Party in obtaining a protective order prior to such disclosure. 8. RESPONSE BY XIMAGE. XIMAGE will maintain a 24 hour a day reporting facility to accept calls from MORPHO. XIMAGE agrees to respond to any telephone call made, within 30 minutes. 9. INTERVENTION ON SITE. In the event that MORPHO require the attendance of an XIMAGE engineer on site, XIMAGE