ACTIONS OR INACTIONS. No course of dealing on the part of the City, the Board, or the Developer nor any failure or delay by the City, the Board, or the Developer in exercising any right, power, or privilege under this Agreement shall operate as a waiver of any right, power or privilege owing under this Agreement.
ACTIONS OR INACTIONS of Future Com, or the agents of Future Com (excluding sales agents) acting in their capacity as agents, prior to the Closing, except any such costs or losses incurred through reasonable and good faith acts in the ordinary course of the business of Future Com.
ACTIONS OR INACTIONS of Winncom, or the agents of Winncom acting in their capacity as agents, prior to the Closing, except for those resulting liabilities otherwise assumed by Parent.
