Soldier "Kill Shot" issue

[Qwert110]

The 20th level "Kill Shot" entry for the soldier reads as follows:

KILL SHOT (EX) 20th Level
As a standard action, you can make a single attack against an
enemy. If the attack hits and does not kill your enemy, you can
expend 1 Resolve Point to force the creature to succeed at a
Fortitude save or die. Once you’ve used this ability on a creature
(regardless of whether or not you forced it to attempt a Fortitude
save), that creature is immune to your kill shot for 24 hours.

Now, as far as I can tell, the only difference between a "Kill Shot" attack and a normal attack is when the Soldier chooses to spend the resolve point to force the Fort save.

So if I attack an enemy, and chose not to spend the resolve point (because it's a normal attack, or I simply want to conserve resolve points), and the enemy doesn't outright die from my first attack, is that enemy immune to my "Kill Shot" ability for 24 hours?

note, the rule states: "Once you’ve used this ability on a creature
(regardless of whether or not you forced it to attempt a Fortitude
save), that creature is immune..."

Since "Kill Shot" confers no benefit if the resolve point is not used, what's the point of having that sentence in the rule at all? If you remove the parenthetical remark entirely, the sentence actually becomes MORE clear and the overall effect is unchanged.

So what's the point?

[Super Zero]

You decide to use Kill Shot before you attack. I guess it's possible to decide to use it, but then change your mind and not spend the Resolve Point to actually gain the benefit.

Maybe your attack dropped the enemy without killing it outright, or you scored a debilitating crit and decided it was no longer worth a Resolve Point for an extra chance to kill.

Maybe your attack did kill the target outright, but it was brought back to life with mystic cure and it's immune to you trying again for 24 hours.

[Metaphysician]

It also serves as future proofing against weird circumstances or new rules.

Like, hypothetically, lets say your fighting against some opponent with a weird magical protection, where anytime it is struck my an attack, the attacker takes a damaging counter attack. A Soldier uses Kill Shot on that enemy, and hits. Since the counter attack happens when *hit*, not when *damaged*, it fires off now. Said Soldier gets hit/whiffs his save/whatever, and takes a boatload of damage, reducing him to 0 HP.

This would not interrupt the attack which was already made, so it will continue to resolve with the original target taking the damage from that Kill Shot. However, the Soldier would be very happy at this point to have the option *not* to spend that Resolve, since he might need it to not-die.