Common use of Enforcement of Resolution Clause in Contracts

Enforcement of Resolution. If the Parties agree to a resolution of any Construction Defect Claim through negotiation or mediation in accordance with Section 8.4.2 above, and any Party thereafter fails to abide by the terms of such agreement, or if any Party fails to comply with a Decision, then any other Party may file suit or initiate proceedings to enforce such agreement or Decision without the need to again comply with the procedures set forth in this Section 8.4. Notwithstanding the terms of Section 8.4.4, in such event, the Party taking action to enforce the agreement or Decision shall be entitled to recover from the non- complying Party (or if more than one non-complying Party, from all such Parties who shall be jointly and severally liable) all costs incurred in enforcing such agreement or Decision including, without limitation, attorneys’ fees and court costs.