yes, what with it not being one of the conditions for an "immediate response", and actually just being elaboration on the actual conditions

thats why it says "or their proxies, or the destruction of a nuclear facility, dispersing radioactive contaminates into NATO territory"

as opposed to "or their proxies, or the destruction of a nuclear facility, or dispersing radioactive contaminates into NATO territory"

so sure, on purpose, that purpose being treating the text as if it says what it actually says