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<br /> nature, kind and description, which may be brought against, or suffered or
<br /> sustained by, the other party, or its goveming body, officers, employees and
<br /> agents, caused by, or alleged to have been caused by, the willful misconduct or
<br /> negligence of, or breach of this Lease by, that party, its governing 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 governing 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 f�om 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 goveming body, officers, employees and
<br /> agents against any responsibility or liability in contravention of Section 2782 of
<br /> the California 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 governing 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 /> 10 i i ossss.a
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