This section starts with,East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. The world limited is excluded. The section then goes on the exclusion and right Marvel still has to use the characters. I know you may not like it but there are cases where marvel still has the rights to use them. However they are specifically excluded from using them in a Disney parks in the east.
And you still do not want to deal with the shrinkage issue.
a. After such 2 year period, MCA’s exclusive rights will be subject to “shrinkage” or “expansion” as follows:
1. If no action is taken by MCA, such exclusivity shall be limited as follows:
i. East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. [For purpose of this subsection and subsection iv, a character is “being used by MCA” if (x) it or another character of the same “family” (e.g., any member of THE FANTASTIC FOUR, THE AVENGERS or villains associated with a hero being used) is more than an incidental element of an attraction, is presented as a costumed character, or is more than an incidental element of the theming of a retail store or food facility; and, (y) in addition, if such character or another character from the same “family” is an element in any MCA marketing during the previous year. Any character who is only used as a costume character will not be considered to be “being used by MCA” unless it appears as more than an incidental element in MCA’s marketing.]
10
ii. West of The Mississippi - any other theme park may use any Marvel characters whether or not used by MCA.
iii. East or West of The Mississippi - permitted uses shall be limited to the use of specific Marvel characters and Marvel may not permit a licensee to use the name “Marvel” as part of the attraction name or marketing.