The letter of intent's wording itself makes it a non-binding document. There is no nuance, there is no recourse.
And they went so far as to make it non binding NOTWITHSTANDING anything said in the document. That is about as strong a wording as you get.
It's their wording. They decided to make it that way...no court is going to create an obligation that the parties agreed to preclude.
What you are referring to are situations where the nature of the letter of intent is not clear as to whether it is binding or not or the "non-binding" language is weak.
Having said that, there are ways it could be made binding...after the fact...but as the agreement stands now it is not...and neither party should or can construe it as such.
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