Also consider the US TV deal coming up. I don't think the NHL wants to get into a long and nasty legal case that might hurt the upcoming deal.
There is a chance the current CBA may be deemed void should it ever goes to court and should that happen, the NHL can kiss goodbye to the big pay day.
Like Vegas said, good chance NHL is going to quietly waive it or at least significantly reduce it (or force us to forfeit a pick(s)l.