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itself create a presumption that a person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had reasonable cause to believe his conduct was unlawful. Payment under this clause may be made during the pendency of such claim, action, suit or proceeding as and when incuned, subject only to the right of the Association, should it be proven at a later time that said person had no right to such payments. All persons who are ultimately held liable for their actions of behalf of the Association as a Director, officer, employee or agent shall have a right of contribution over and against a-11 other Directors, officers, employees or agents and members of the Association who participated with or benefited from the acts which created said liability. ARTICLE XV ASSESSMENT COLLECTION COSTS; SUITS AND ACTIONS Unit owners shall be obliged to pay reasonable fees and costs including, but not limited to, attorneys' fees incurred in connection with efforts to collect delinquent and unpaid assessments and enforcement of the Declaration, Bylaws or rules and regulations of the Association. In addition to the assessment for operating expenses and the funding of reserves, such assessments may include fees, late charges, fines and interest imposed pursuant to ORS 100.405(4)(i)(j)(k). In the event suit or action is commenced by the Directors for the collection of any amounts due pursuant to these Bylaws or for the enforcement of any provisions of the Bylaws or of the Oregon Condominium Act, the unit owner or owners, jointly and severally, will, in addition to all other obligations, pay the costs of such suit or action, inciuding reasonable attorneys' fees to be fixed by the trial court and, in the event of an appeal, the cost of the appeal, together with reasonable attorneys' fees in the appellate court to be fixed by such court. ARTICLE XVI DISPUTE RESOLUTION ~ In the event either the Board of Directors or the unit owners cannot reach a unanimous agreement on any matter relating to ownershi , o eration, maintenance or use of an as ct of the Condominium, an so ong as arion ounty an t e em a ass ransit istnct own o t e units, the ea oc s a e re erre to t e ~t.`F a o t~~f~'on ot°. unty o~ ar T ofZomm~'ssioners an t e Chair o t e Salem Area Mass Transit District. If the matter still cannot be resolved within a reasonable time, it will be referred to the Marion County Boazd of Commissioners and the Salem Area Mass Transit District Board for resolution which, if necess , shall include the services of a mediator, whose fee shall be aid b the Association. anon ounty an e a em ea ass ransit istnct o not own a o t e umts, t en any ea oc shall be submitted to mediation, with the assistance of a third party mediator. The Association shall pay the mediator's fees. For the purposes of this Article, "deadlock" means a failure of the parties to approve or disapprove a matter which the Declaration or these Bylaws provides must be approved by the Board of Directors or the unit owners, but does not include dis utes relating to the failure of a arty to perform its obli~ations or other breach of le~al requirements. ARTICLE XVII MISCELLANEOUS 1. NOTICES. All notices to the Association or to the Board of Directors shall be sent care of the managing agent, or if there is no managing agent, to the principal office of the Association or to such other address as the Board of Directors may hereafter designate from time to time. All notices to any unit owner shall be sent to such address as may have been designated by him from time to time, in writing, to the Board of Directors, or if no address has been designated, then to the owner's unit. Bylaws Courthouse Square Condominium Page - 14 1025981040