We get into major technicalities here... but Nuke's NMC means he doesn't have to go on waivers to be terminated. Meaning the move to terminate can happen immediately and Nuke would not be on the cap at any point (until the settlement is reached months later)
The plan here will be fairly clear in 6-8 weeks. If the deal is mutually terminated, we probably have the full resolution prior to the draft. We don't have that and the Avs spend to the cap, we will know they have a plan in place to deal Nuke's cap hit... either termination or trade. If the Avs leave room for him, they'll be keeping him or think the case is flimsy to terminate. There is also the ability for the Avs to buyout Nuke completely... Which results in a cap credit next season, then a small cap hit for a year, then $3m for 2, $5m for 2, then 1.7m unti 2036.
IMO All of the situation points to a negotiated termination. The Avs' threaten to terminate the day of reinstatement and Nuke won't get shit. Nuke will say we will see you in court and you'll take the risk of it following through. IMO neither party will want that uncertainty, so they will come to an agreement prior. The Avs will pay some for Nuke to go away. Nuke will get a chance to earn money as soon as Nov 13th and choose Miami as his preferred destination. Avs have a lot of incentive to get this resolved prior to July 1. Nuke doesn't have as much incentive there, but if he plans to play in the NHL again, there is some incentive as it will increase the amount of teams he can go to.