Baltia did not terminate the agreement in any shape, fashion, or form. There will be no refund, of the non-refundable purchase deposit.
Whatever defects caused the agreement to be terminated, belong to Baltia, not Aerline.
What might those defects be?
No copies of current financials readily available from the SEC?
Difficulties getting funding due to Baltia's prior liabilities?
The relevant Songbird personnel that were required, rejecting Baltia's job offers?
All three are key considerations in the DOT & FAA's approval process to transfer Songbird's certificates.
Baltia should not start all over again, under another contract, the outcome will not change.