I thought that it’s best to add my results in the answer if someone hits on this question and does not view the comments, but it is best to follow the comments from @jhanifen's answer. I had to use a local copy of jQuery, using CDN (even on Microsoft CDN) did not work.
My Google code did not sit below the end tag, it was just above it, fixing it, resolving the problem.
Typekit, I had to use conditional expressions, but then it defeats the Typekit usage object, especially considering that you think IE9 was a “modern browser”. Crazy!
I asked Typekit to find out if they have a job, and will edit this if they come back with anything useful.
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