(g) developer agrees that for purposes of this agreement and for purposes of the assessment of property tax, the following shall constitute personal property: (a) dry docks (but excluding landing grids consisting of the large cement blocks located under the dry dock area); (b) cranes; (c) rail systems for cranes and ships; (d) portable staging and welding equipment; (e) personnel lifts; (f) modular or mobile equipment and work stations; (g) support equipment; (h) outfit support terminals; (i) ship transfer systems; (j) process piping; (k) manufacturing process wiring; (l) fire suppression systems; (m) fender bumper systems; and (n) all property that is personal property under applicable law. when an issue arises as to whether an item is considered real or personal property, the determining factor is whether the item in question primarily supports the manufacturing process, in which case it shall be considered personal property, or supports a building or structure or constitutes an improvement to the land, in which case it shall be considered real property.
section 3.2. failure to make payment. in the event the city should fail to, or be unable to, make any of the payments required under the foregoing provisions of this article iii, the item or installment so unpaid shall continue as a limited obligation of the city, under the terms and conditions hereinafter set forth, until the amount unpaid shall have been fully paid. developer shall be entitled to initiate an action against the city to specifically enforce its obligations hereunder, including without limitation the city's obligation to establish and maintain the development program fund, deposit all retained tax increment revenues into the developer subaccount of the project cost account established thereunder and make required payments to developer.
section 3.3. manner of payments. the payments provided for in this article iii shall be paid directly to the developer in the manner provided hereinabove for its own use and benefit by check drawn on the city.
section 3.4. obligations unconditional. except as otherwise provided in this agreement or as required by applicable law, the obligations of the city to make the payments described in this agreement in accordance with the terms hereof shall be absolute and unconditional, and the city shall not suspend or discontinue any payment hereunder or terminate this agreement for any cause, irrespective of any defense or any rights of setoff, recoupment or counterclaim it might otherwise have against the developer, other than by reason of and to the extent provided in a final judgment by a court of competent jurisdiction.