Colden, the lawyer who negotiated the 1989 Settlement Agreement on its behalf, who said Russell had expressly told him the waiver in paragraph E of the 1989 Settlement Agreement would not apply to any use of the Roger Rabbit characters at theme parks not owned by Disney, such as Magic Mountain. Cry Wolf contends Colden's testimony alone is sufficient to defeat the nonsuit.
As was true with respect to paragraph 2(h) of the 1983 Agreement, the extrinsic evidence directed to the intended meaning of the phrase "Walt Disney Productions Company's theme parks" in paragraph E of the 1989 Settlement Agreement was not in conflict: Colden testified that, on Cry Wolfs behalf, he had initially requested, as a condition for granting Disney the sequel rights and entering into the 1989Settlement Agreement, that Cry Wolf receive a royalty on the nonmerchandising uses of the Roger Rabbit characters at all Disney theme parks, including EuroDisney. Colden and Russell each testified Disney had adamantly refused that request, and Colden testified he believed he had "lost" on that issue at the time Cry Wolf agreed to the waiver in paragraph E of the 1989 Settlement Agreement. In addition, both Colden and Russell testified that, at the time the 1989 Settlement Agreement was entered into, both believed the phrase "Walt Disney Productions Company's theme parks" in the waiver included EuroDisney and the in-production, but not-yet-developed Tokyo Disneyland. There was no conflicting evidence of any intent to provide Cry Wolf with royalties for the nonmerchandise-related uses of his characters at either EuroDisney or