CPA
haven't read the agreement in enough detail, but would hope w/$2-300K in recent legal fees, that there was language in the K to address such a scenario.
but if not, sure. IMO there would surely be a cause of action for breach.
Wave might be able to defend on imposibility of performance or something similar, but usually impossibility defenses don't work (see Suez Canal cases & progeny).
anyway.
SPIN