We could go round and round all day (-if it's non binding, why put it in writing? If it's non binding why NOT put it in writing?) But the fact is that having it in writing does say something. Its not nothing. If there's a range and you objectively killed it, you should expect to be at the top of range.

that they don't want even the mildest constraint on their discretion suggests they are willing to ignore what they're now saying and in fact want the flexibility to do so.