Jquery Not Validating Properly

Hey Hey Fellow WordPressers….

I’m developing a site for a client and I’m trying to validate the code through the W3C validator that we all love. However it’s not valid.

Everything seems to be in order except the following code

<script type="text/javascript">
if (!('jQuery' in window))
{
document.write('<script type="text/javascript" src="http://ajax.googleapis.com/ajax/libs/jquery/1.4.2/jquery.min.js"></scr' + 'ipt>');
}
</script>

I was wondering if anybody has come across this problem in the past and has any helpful tips to get it valid. I’m using the Nivo Slider in my custom theme, which requires jQuery, but that’s it.

Any help, would be greatly appreciated.

Cheers,
Simon