Right, this is only relevant to players who signed the contract at age 35+. If a player who signed a contract before they were 35 retires, the cap hit comes off the books. Therefore, if a player who signed a contract before they turned 35 comes to a mutual termination agreement with their team, the cap hit would also come off the books. Again, effectively the same thing, but the termination allows the player to sign with another team.
Kovy was over 35 when he signed, so the cap hit stays. LA is aware of this, and ok with it.