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<br />negligence of, or breach of this Lease by, that party, its goveming body, officers, <br />employees and agents, as a result of, or arising out of, -the occupancy and use of <br />the Leased Premises, or any part or portion of the facilities whether described in <br />this Lease or not, by one of the parties, its goveming body, officers, employees, <br />agents, licensees, invitees, or visitors, except that a party, and its governing <br />body, officers, agents and employees shall not be indemnified, defended, and <br />held harmless from and against damages resulting from the acts or omissions of <br />that party, its governing body, officers, employees. and agents. <br />A party's duty to indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil <br />Code, provided, however, that nothing herein shall be construed to require that <br />party to indemnify the other party, its governing body, officers, employees and <br />agents against any responsibility or liability in contravention of Section 2782 of <br />the Califomia Civil Code. <br />17. VALIDITY OF LEASE. The parties hereto agree that all procedures <br />and other provisions of law necessary to effectuate this Agreement have been <br />faithfully complied with and said agreement is a valid and binding Lease. Each - <br />party further waives any claim against the other party, its goveming body, its <br />officers, agents or employees, for damage or loss caused by any suit or <br />proceedings directly or indirectly attacking the validity of this agreement, or any <br />part thereof, or by any judgment or award in any suit or proceeding declaring this <br />agreement, or the expenditure of funds therefor null, void, or voidable, or <br />delaying the same, or any part thereof, from being carried out. <br />10 1108669.4 <br />