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<br />i, , itself create a presumption that a person did not act in good faith and in a manner which he reasonably
<br />believed to be m, or not opposed to, the best interest of the Association, and, with respect to any criminal
<br />action or proceedings, had reasonable cause to believe his conduct was unlawful. Payment under this clause
<br />i; may be made during the pendency of such claim, action, suit or proceeding as and when incurred, subject
<br />only to the right of the Association, should it be proven at a later time that said person had no right to such
<br />payments. All persons who are ultimately held liable for their actions of behalf of the Association as a
<br />~ Director, officer, employee or agent shall have a right of contribution over and against all other Directors,
<br />officers, employees or agents and members of the Association who paRicipated with or benefited from the
<br />acts which created said liability. . •
<br />- ARTICLE XV
<br />ASSESSMENT COLLFCTION .n~T~; ~iTiT~ AND A(_TinN~ ~
<br />~ Unit owners shall be obliged to pay reasonable fees and costs including, but not limited to, attorneys'
<br />. fees incurred in connection with efforts to collect delinquent and unpaid assessments and enforcement of
<br />the Declaration, Bylaws or rules anci regnlations of the Association. In addition to the assessment for
<br />, operating expenses and the funding of reserves, such assessments may include fees, late chazges, fines and
<br />~ ~ interest imposed pursuant to ORS 100.405(4)(i)(j)(k).
<br />~ In the event suit or action is commenced by the Directors for the collection of an~ amounts due
<br />pursuant to these Bylaws or for the enforcement of any provisions of the Bylaws or of the Oregon
<br />Condominium Act, the unit owner or owners, jointly and severally, will, in addition to all other obligations,
<br />pay the costs of such suit or action, including reasonable attorneys' fees to be fixed by the trial court and,
<br />m the event of an appeal, the cost of the appeal, together with reasonable attorneys' fees in the appellate
<br />court to be fixed by such court.
<br />ARTICLE XVI
<br />DISPUTE RESOLUTION
<br />In the event either the Boazd of Directors or the unit owners cannot reach a unanimous agreement on
<br />~ any matter relating to ownership, operation, maintenance or nse of any aspect of the Condominium, and so
<br />_ long as Marion County and the Salem Area Mass Transit District own all of the units, the deadlockshall be
<br />referred to the Chair of the Marion County Board of Commissioners and the Chair of the Salem Area Mass
<br />Transit District. If the matter still cannot be resolved within a reasonable time, it will be referred to the
<br />Marion County Board of Commissioners and the Salem Area Mass Transit District Board for resolution
<br />-~ which, if necessary, shall include the services of a mediator, whose fee shall be paid by the Association. If
<br />. Marion County and the Salem Area Mass Transit District do not own all of the units, then any deadlock
<br />shall be submitted to mediation, with the assistance of a third party mediator. The Association shall pay the
<br />..mediator's fees. -For the purposes of this Article, "deadlock" means a failure of the parties to approve or
<br />~' disa rove a matter wiuch the Declaration or these B laws rovides must be
<br />PP y p approved by the Boazd of
<br />Directors or the unit owners, but does not include disputes relating to the failure of a party to perform its
<br />~ obligations or other breach of legal requirements.
<br />;
<br />ARTICI.~ XVII
<br />r , ~LSCELLANEOUS
<br />1. ~tOTICES. All notices to the Association or to the Boazd of Directors shall be sent care of the
<br />managing agent, or if there is no managing agent, to the principal office of the Associadon or to such other
<br />~ address as the Board of Directors may hereafter designate from time to time. All notices to any unit owner
<br />shall be sent to -such address as may have been designated by him from time to time, in writing, to the Board
<br />of Directors, or if no address has been designated, then to the owner's unit.
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