Disputes Covered by Home Builder’s Limited Warranty. (a) If Seller, in Seller’s sole discretion, determines that the Dispute is covered by the Limited Warranty Agreement, then the Dispute shall be resolved pursuant to the terms of the Limited Warranty Agreement including, if necessary, the mediation and final and binding arbitration provisions contained the Limited Warranty Agreement, which mediation and arbitration provisions are incorporated by reference herein.
(b) At Seller’s option, any mediation and/or arbitration undertaken pursuant to the terms of the Limited Warranty Agreement may include all or any of Seller’s agents, architects, consultants, engineers, contractors, subcontractors, suppliers, representatives or other third parties (“Related Parties”). Any action by Buyer against any of the Related Parties (and not directly against Seller) in respect of the Property which Seller shall determine directly or indirectly affects Seller and which involves a claim for construction defects as defined under the Limited Warranty Agreement, shall at Seller’s option, be subject to these mediation and arbitration provisions of the Limited Warranty Agreement.
(c) All fees and costs in connection with the mediation and/or arbitration shall be allocated in accordance with the Limited Warranty Agreement; provided, however, that any fees and costs that are not addressed by the Limited Warranty Agreement shall be shared equally by Buyer and Seller.
