had been determined to present triable issues of fact for the jury to resolve. At the conclusion of Cry Wolf's case-in-chief, the trial court granted Disney's motions for nonsuit on Cry Wolf's contract claims for a royalty in connection with the nonmerchandising uses of the Roger Rabbit characters at Disney's theme parks and a royalty on Disney's resale of nationally-licensed merchandise.

b. The phase-one special verdict and the court's order granting Disney's motion for a directed verdict on Cry Wolf's claim for breach of the implied covenant of good faith and fair dealing

After Disney concluded its evidentiary presentation and rested its case in phase one, it moved for a directed verdict on the claim for breach of the implied covenant of good faith and fair dealing. The trial courtdid not immediately rule on the motion. Meanwhile, the phase-one issues were submitted to the jury. In a special verdict form the jury was asked to decide certain contract interpretation issues, including whether the term "gross receipts" was intended to include the value of any nonmonetary consideration Disney received in connection with its promotional agreements.
The jury concluded the term "gross receipts" meant monetary consideration or *594 nonmonetary consideration only "if and when it was turned into monies" by Disney. It rejected Cry Wolf's contention "gross receipts" included the value of nonmonetary benefits Disney received in connection with its promotional agreements with third parties. The jury also found the term "Purchaser" in the 1983 Agreement referred to Disney and its subsidiaries, rejecting Disney's contention the 1983 Agreement bound only