As was reported on this blog, Avangard made the playoffs and knocked out the #1 seeded Salavat Yulaev in the first round. Making the point moot.
On whether he will terminate his contract with Omsk, Jagr says...
"Will I voluntarily terminate my contract with Avangard and go to America? That definitely won't happen. Only if the two hockey clubs reach an agreement. But I won't do it by myself"
...i'm actually really surprised to hear Jagr was close to joining the Oilers.