12. LIMITATIONS OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE, REGARDLESS OF THE CAUSE OF ACTION, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING LOST PROFITS, REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED BY EITHER PARTY OR SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Section 13 shall remain in effect indefinitely despite any termination or expiration of the Agreement.