When two parties sign a contract then they have to act in good faith. Preventing the other party from fulfilling their obligations to avoid a payout or invoke a penalty is not good faith. And that's why the sea witch Ursula's contract with the mermaid Ariel would not have held up in court.

Maybe the game would make more money during it's life span if released later but that's irrelevant when there's a contract about how much money the game should make before a certain cut off date.