Special Project Oversight Committee (SPOC) Report #1

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of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or with a plea of nolo contendere or its equivalent shall not of 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 incurred, 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 rignt of contribution over and against all 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 owner or owners, jointly and severally, will, in addition to all other obligations, pay the costs of such suit or ction, including reasonable attorneys' fees to be fixed by the ~rial 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 owners cannot reach a unanimous agreement on any matter relating to ~ BYLAWS OF COURTHOUSE SQUARE CONDOMINIUM PAGE - 22