A. If any party commences an action or proceeding against any other party to enforce or interpret any provision of the Agreement, the prevailing party in the action or proceeding will be entitled to recover from the other party the prevailing party's reasonable attorney fees, costs, and expenses incurred in connection with the prosecution or defense of such action or proceeding prior to trial, at trial, and on any appeal, subject to subparagraphs (b) and (c) below.
B. Attorney fees, costs, and expenses shall not be awarded to a plaintiff pursuant to this Agreement unless written demand was made on the defendant not less than 180 days before the commencement of the action or the filing of a complaint in court. The failure of a plaintiff to give notice under the provisions of this subparagraph does not affect the ability of a defendant to recover attorney fees, expenses, and costs under the provisions of this Agreement. The plaintiff's failure to give notice pursuant to this subparagraph shall be an implied waiver of the right to seek recovery of attorney fees, costs, and expenses.
C. Attorney fees, costs, and expenses shall not be awarded to a plaintiff under the provisions of this Agreement if the court finds that the defendant (or any other person or entity) tendered to the plaintiff, prior to the commencement of the action or the filing of a complaint an amount not less than the amount awarded to the plaintiff. The plaintiff's decision to proceed with an action instead of accepting the tender shall be an implied waiver of the right to recover attorney fees, costs, and expenses.