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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II RESPONSIBILITIES FOR FIRE CONTROL SAFETY CHAPTER III ADMINISTRATION ON FIRE CONTROL SAFETY CHAPTER IV FIRE PREVENTION INSPECTION CHAPTER V RECTIFICATION ON HIDDEN FIRE DANGER CHAPTER VI PUBLICITY, EDUCATION AND TRAINING ON FIRE CONTROL SAFETY CHAPTER VII PREPARATORY PLANS FOR FIRE FIGHTING AND EMERGENCY EVACUATION, AND FIRE DRILL CHAPTER VIII FIRE CONTROL ARCHIVES CHAPTER IX REWARDS AND PUNISHMENTS CHAPTER X SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are hereby formulated in accordance with the Fire Control Law of the People's Republic of China, for the purpose of strengthening and regulating the administration on fire control safety of state organs, organizations, enterprises and institutions, preventing fire and reducing the danger of fire. Article 2. The present Provisions shall be applicable to the administration of fire control safety of the state organs, organizations, enterprises and institutions (hereinafter referred to the entities) themselves, unless there are otherwise provisions of laws and regulations. Article 3. The entities shall abide by the fire control laws, regulations and rules (hereinafter referred to the "fire control laws and regulations"), follow the policy of devoting major efforts into prevention and combining fire prevention with fire fighting for the fire control work, and perform the duty of fire control safety to ensure the fire control safety. Article 4. The legal representatives of entities with legal person status or the responsible person of the entities without the legal person status is the person-in-charge for fire control safety, and shall be responsible for the overall fire control safety work of their own entities. Article 5. The entities shall put into effect the responsibility system on fire control safety level by level and the post responsibility system on fire control system, clarify the responsibilities for the fire control safety under the above-mentioned two systems, and determine the person-in-charge for fire control safety at each level and each post. CHAPTER II RESPONSIBILITIES FOR FIRE CONTROL SAFETY Article 6. The person-in-charge for fire control safety of an entity shall perform the following duties for fire control safety: (1) Implementing fire control laws and regulations to ensure that the fire control safety of the entity corresponds with the provisions, and getting to know the conditions of fire control safety of its own entity; (2) Planning a whole the fire control work and the production, scientific research, business operation, management and other activities of the entity, and approving the implementation of annual plans for fire control work; (3) Providing necessary expenditures and organization safeguard for the fire control safety of its own entity; (4) Determining the duties for fire control safety at each level, and approving the operational procedures for the implementation of fire control safety system and for safeguarding fire control safety; (5) Organizing fire prevention inspection, urging the implementation of rectification on fire danger, and handling the major issues concerning fire control safety in time; (6) Establishing full time fire brigade and voluntary fire brigade in accordance with the fire control laws and regulations; and (7) Organizing to make preparatory plans for fire fighting and emergency evacuation conforming to the reality of its own entity and carry out fire drill. Article 7. The entities may determine the managers for fire control safety of their own entities upon the need, who shall be responsible to the person-in-charge for fire control safety of their own entities, and implement and organize to put into effect the following administration work for fire control safety: (1) Drawing out annual plans for fire control work, and organizing to implement routine administration work for fire control safety; (2) Organizing to formulate fire control safety system and operational procedures for safeguarding fire control safety, and making inspection on and urging its implementation; (3) Drawing out plans for capital investment and organization safeguard for the work of fire control safety; (4) Organizing fire prevention inspection and rectification on fire danger; (5) Organizing the maintenance on fire control facilities, fire extinguishers and marks on fire control safety, so as to ensure that they are in good conditions and available, and ensure that the evacuation passageways and safety exits are unblocked; (6) Organizing the administration on full time fire brigade and voluntary fire brigade; (7) Carrying out publicity and education and training on fire control knowledge and skill, organizing fire fighting and implementation of preparatory plans for emergency evacuation and fire drill; and (8) Other administration work for fire control safety entrusted by the person-in-charge for fire control safety of the entities. The managers for fire control safety shall report the fire control safety conditions periodically to the person-in-charge for fire control safety, and report in time the grave issues concerning fire control safety. Where an entity has not assigned the manager for fire control safety, the person-in-charge for fire control safety of the entity shall be responsible for carrying out the administration work for fire control safety prescribed in the preceding provisions. Article 8. Where a property right entity operates and manages by contract, lease or entrustment, it shall provide constructions meeting the requirements for fire control safety. And the parties shall clarify the responsibilities for fire control safety of each party in the contract they sign. The fire truck passageways, evacuation facilities relating to the public fire control safety, and other fire control facilities of the constructions shall be administered by the property right entity or entities it entrusts. The entities that operate and manage by contracting, leasing or entrustment shall abide by the present provisions, and perform duties of fire control safety within their own scope of use and management. Article 9. Where a construction has more than two property right entities and use entities, each of the property right entities and use entities shall clarify the responsibilities for the administration of fire truck passageways, evacuation facilities in relation to the public fire control safety, and other construction fire control facilities. And the administration shall be made by entrustment uniformly. Article 10. Realty management entities in the residential areas shall perform the following duties for fire control safety within the scope of administration: (1) Formulating fire control safety system, putting into effect the responsibilities for fire control safety, and carrying out publicity and education on fire control safety; (2) Carrying out fire prevention inspection, and eliminating hidden danger of fire; and (3) Ensuring that the evacuation passageways, safety exit and fire truck passageways are unblocked; and (4) Ensuring that the public fire control facilities and equipment and the marks on fire control safety are in good conditions and available. Other realty management entities shall be responsible for the work of administration on public fire control safety within the scope of administration by entrustment. Article 11. The host entities, undertaking entities, and entities providing fields for gatherings, fireworks evening parties, lantern parties, and other mass activities with fire danger, shall clarify the liabilities of each party for fire control safety in the contract they sign. Article 12. The construction entities shall be responsible for the fire control safety of the construction site of a construction project. In case a construction project is contracted generally, the entities of the general contract shall be responsible for the said fire control safety. The subcontract entities shall be responsible for the general contract entities, and submit themselves to the administration of the general contract entities on fire control safety of the construction sites. Where in a construction project, the construction entity only rebuilds, enlarges and makes decoration on part of the construction, it shall clarify the responsibilities for fire control safety of each party on the construction site in the contract it signs with the construction entity. CHAPTER III ADMINISTRATION ON FIRE CONTROL SAFETY Article 13. The following entities are the key entities on fire control safety, who shall exercise strict administration in accordance with the requirements of the present Provisions: (1) Department stores and malls (markets), hotels (restaurants), stadiums (gymnasiums), auditoriums, public recreation places and other places where the public gather (hereinafter referred to the public gathering places); (2) Hospitals, resthomes, and the boarding schools, nurseries or kindergartens; (3) Governmental organs; (4) Broadcasting stations, television stations, and hubs of post and communications; (5) Depots of passengers, wharfs and civilian airports; (6) Public libraries, exhibition halls, museums, archives, and cultural relic protection entities with fire danger; (7) Power plants or stations and enterprises undertaking the management of power grids; (8) Entities undertaking the production, filling and loading, storage, supply and sale of inflammable and explosive chemicals; (9) Labor-intensive production and processing enterprises of clothing or shoemaking; (10) Key scientific research entities; and (11) Other entities with higher risk of fire disaster and those where major casualties and deaths or heavy loss of properties may occur once a fire disaster happens. High-rise office buildings (or commercial buildings) or apartment buildings and other high-rise public buildings, urban subways, underground sightseeing tunnels and other underground public buildings and major traffic tunnels of the city, large warehouses and bases for storing grain, cotton, timber, and general commodities, and other materials in a centralized way, and construction sites of key projects of the state or of the provincial level shall exercise strict administration in accordance with the requirements of the present Provisions for the key entities on fire control safety. Article 14. The key entities on fire control safety and their person-in-charge for fire control safety, managers for fire control safety shall be put on records at the local public security fire control institutions. Article 15. The key entities on fire control safety shall establish or determine the relevant functional departments for fire control work, and determine full time or part-time fire control management personnel. Other entities shall determine full time or part-time fire control management personnel, and may determine the relevant functional departments for fire control work. The relevant functional departments for fire control work and the full time or part-time fire control management personnel shall carry out the administration work for fire control safety under the leadership of the person-in-charge for fire control safety or managers of fire control safety. Article 16. Public gathering places may not be used for business operation until they meet the following conditions on fire control safety, and an application for fire control safety inspection has been filed to the local public fire control institutions and they have passed the check: (1) Going through formalities for examination on fire control design on construction project, and passing the acceptance check on fire control; (2) Establishing and improving organizations on fire control safety, and clarifying the responsibilities for fire control safety; (3) Establishing administration system of fire control safety and the operational procedures for safeguarding fire control safety; (4) The employees have had fire control safety training; (5) The construction fire control facilities are complete, good and available; and (6) Formulating preparatory plans for fire fighting and emergency evacuation. Article 17. For the mass activities with fire danger, such as large gatherings, fireworks evening parties and lantern parties, the host entity or undertaking entity shall have the conditions on fire control safety and report to public security fire control institutions that will conduct fire control security check on the site of activities. The activities can only be held when qualification check is passed. Article 18. The entities shall, according to the relevant provisions of the state, and in combination with the characteristics of their own entities, establish and improve various fire control safety systems and operational procedures for safeguarding fire control safety, and announce and implement them. The fire control safety system of an entity shall mainly include the following contents: fire control safety education and training; fire control patrol and inspection; administration on safety evacuation facilities; fire control (control office) watch-keeping; administration on maintenance of fire control facilities and equipment; rectification on hidden fire danger; administration on fire and power use security; fire prevention and explosion prevention on flammable and explosive dangerous goods and places; organization and administration on full time and voluntary fire brigades; fire drill on preparatory plans for fire fighting and emergency evacuation; inspection and administration on the gas equipment and electric equipment (including thunder prevention and static prevention); examination and evaluation on fire control safety work and rewards and punishments thereof; and other necessary contents of fire control safety. Article 19. The entities shall determine the parts with higher risk of fire disaster and those where major casualties and deaths or heavy loss of properties may occur once a fire disaster happens, as well as those having great influence on fire control safety as the key parts for fire control safety, and set up clear marks on fire prevention, and exercise strict administration on them. Article 20. The entities shall exercise strict fire control safety administration on using naked fire. No naked fire may be used in the place with the danger of fire or explosion. Where there is necessity to use electricity or gas welding and other naked fire in operation under special circumstances, the departments using the fire and the personnel thereof shall go through formalities for examination and approval according to the system of administration on fire use of the entities, assign on-site guardians, and use the fire to construct after confirming that there is no danger of fire or explosion. The personnel using the fire to construct shall abide by the provisions on fire control safety, and implement the corresponding measures for fire control safety. Where there is necessity to use naked fire in the public gathering places or for the construction of part of a building that is used jointly by more than two entities, the construction entity and the entity using the building shall take measures together, make fire prevention separation between the construction area and the use area, clear away the flammable and combustible goods, install fire control facilities, supervise by specially assigned person to ensure the fire control safety within the scope of construction and use. Construction by using fire in business time shall be prohibited in public recreational places. Article 21. The entities shall ensure that the evacuation passageway and the safety exit should be unblocked and shall set up evacuation marks on fire control safety and the emergency lighting establishments conforming to the state regulations, and keep the normal conditions of facilities such as the fire doors, fireproofing rolling screens, evacuation marks on fire control safety, emergency lighting, mechanical smoke venting, fire disaster broadcasting, and other establishments. The following acts shall be strictly prohibited: (1) Occupying evacuation passageways; (2) Building fences and other barriers that may affect the evacuation in the safety exit or evacuation passageways; (3) Locking or blocking out the safety exit or blocking out or covering the evacuation marks on fire control safety during the period of business operation, production, teaching, or work, etc.; and (4) Other acts affecting the safety evacuation. Article 22. The entities shall abide by the relevant state provisions, and shall exercise strict administration on fire control safety for the production, use, storage, sale, transportation or destroying of flammable or explosive dangerous goods. Article 23. The entities shall establish full time and voluntary fire brigades in accordance with the relevant provisions of the fire control laws and regulations, install corresponding fire control facilities and equipment, and organize the study of fire control business and the training on fire fighting skill, so as to improve the ability for preventing and putting out fires. Article 24. Where a fire occurs in an entity, the entity shall implement preparatory plans for fire fighting and emergency evacuation immediately, and must report to the police at once, put out the fire immediately, and evacuate the people in time. The neighboring entities shall provide support. Any entity or individual shall provide convenience for fire alarm reporting gratis, no one shall obstruct the reporting. The entities shall provide convenience and conditions for rescuing persons or putting out fire by public security fire control institutions. After a fire is extinguished, the fire breaking entity shall protect fire site£¬accept investigation on the accident and provide accurate facts on the fire disaster, assist the public security fire control institutions to make investigation on the reasons for the fire, check and ratify the loss suffered from the fire, find out the responsibilities for the fire accident. No one may clean up without permission the fire site without the approval of the public security fire control institutions. CHAPTER IV FIRE PREVENTION INSPECTION Article 25. The key entities on fire control safety shall exercise daily fire prevention patrol and determine the personnel, contents, positions and frequency of the patrol. Other entities may organize the fire prevention patrol according to the actual needs. The contents of the patrol shall include: (1) Whether there is any violation of regulations in the use of fire or power; (2) Whether the safety exit or the evacuation passageways are unblocked, and whether the evacuation marks on fire control safety and the emergency lighting are in good conditions; (3) Whether the fire control facilities£¬equipment and marks on fire control safety are placed in position and complete; (4) Whether the normally closed fire door is closed, and whether goods are piled up under the fireproofing rolling screens, which may influence their use; and (5) Whether the personnel of the key part of fire control safety are on the job; and (6) Other conditions of the fire control safety. The fire prevention patrol on public gathering places during the business time shall be conducted at least once in every two hours. And the spot of business shall be examined at the end of the business operation so as to eliminate the kindling left behind. Hospitals, resthomes, boarding schools, nurseries and kindergartens shall strengthen nighttime fire prevention patrol. Other key entities on fire control safety may organize nighttime fire prevention patrol in light of the actual circumstance. The fire prevention patrol personnel shall correct the acts in violation of regulations in time, and properly handle fire risks, or report immediately if such risks cannot be handled on the spot. Any one who discovers a fire shall report to the police immediately and put out the fire in time. A patrol record shall be kept for the fire prevention patrol, with the names of the patrol personnel and of the person-in-charge signed on it. Article 26. State organs, organizations, and institutions shall make fire prevention inspection at least once every quarter. Other entities shall make fire prevention inspection at least once every month. The contents of inspection shall include: (1) Rectification on fire danger and implementation of precautious measures; (2) Conditions of the safety evacuation passageways, marks on evacuation guidance, emergence lightings and safety exit; (3) Conditions of fire truck passageways and fire control water resources; (4) Assembly of fire fighting equipment and the availability; (5) Whether there is any violation of regulations on fire use and power use; (6) Conditions of the mastering of fire control knowledge by employees of major types of work and other employees; (7) Administration on the key parts of fire control safety; (8) Implementation of the measures for fire prevention and explosion prevention of the flammable and explosive dangerous goods and places, and the conditions on fire prevention safety of other important materials; (9) Conditions on watch-keeping of fire control (control office) and the conditions on the operation and recording of facilities; (10) Conditions of fire prevention patrol; (11) Conditions on the setup of marks on fire control safety and their perfection and availability; and (12) Other contents need to be inspected. An inspection record shall be kept for fire prevention inspection, with the names of the inspectors and the responsible person of the inspected department signed on it. Article 27. The entities shall make inspection on the conditions and availability of the construction fire control facilities and maintaining them in accordance with the relevant provisions on the inspection and maintenance of the construction fire control facilities. Article 28. The entities that set up auto fire control facilities shall make overall inspection and test on their auto fire control facilities periodically according to the relevant provisions, issue the examination report, and put it on archives for future reference. Article 29. The entities shall maintain and protect, and repair and check the fire extinguishers periodically according to the relevant provisions, and set up archive documents for fire extinguishers, specifying the type and quantity of the assembly, position of the setup, entities or personnel for the checking and maintenance, time for changing of medicament, and the relevant conditions. CHAPTER V RECTIFICATION ON HIDDEN FIRE DANGER Article 30. The entities shall eliminate the hidden fire danger in existence in time. Article 31. The entities shall order the relevant personnel to correct on the spot the following acts in violation of the provisions on fire control safety and urge them to correct: (1) Entering the places for production and storage of the flammable and explosive dangerous goods; (2) Using naked fire in operation in violation of regulations or smoking or using naked fire in places with fire and explosion danger in violation of prohibition; (3) Locking or blocking out the safety exit or occupying or piling up goods and the evacuation passageways are blocked; (4) Hydrants or fire extinguishers are blocked, which may affect their use, or moved and used for other purpose; (5) The normally closed fire door is in a state of unlocking, and goods are piled up under the fireproofing rolling screens, which may influence their use; (6) The personnel of the administration of fire control facilities, persons on duty, and patrol personnel for fire control are absent without asking for leave; (7) Shutting the fire control facilities or cutting off fire control power source in violation of regulations; and (8) Other acts that may be corrected on the spot. Records shall be kept for the conditions in violation of the provisions of the preceding paragraph and the correction thereof, and shall be put on archives for future reference. Article 32. Where a fire danger cannot be corrected on the spot, the relevant functional departments for fire control work or the full time or part-time fire control management personnel shall, according to the work division of the administration of their own entities, report in time the hidden fire danger to the fire control safety managers or the person-in-charge for fire control safety, and put forward rectification plans. The manager on fire control safety or the person-in-charge for fire control safety shall determine the measures, time limit for the rectification, and the departments and personnel responsible for rectification, and ensure the rectification funds. Before eliminating the fire danger, the entities shall fulfill the precautious measures to ensure the fire control safety. Where an entity cannot ensure the fire control safety, or fires may occur at any time or personal safety will be seriously endangered once a fire occurs, the dangerous parts of the entities shall be ordered to stop production or shutout to make rectification. Article 33. After finishing the rectification on hidden fire danger, the departments or person responsible for the rectification shall report the rectification records to the person-in-charge for fire control safety or the managers on fire control safety, who will put the records on archives for future reference after having signed on and confirmed them. Article 34. For grave hidden fire danger concerning the city planning, which cannot be solved by oneself, or which really cannot be solved by the state organs, organizations, and institutions, the entities shall bring forward plans for solving it and report to the competent departments at the upper level or the local people's governments. Article 35. For the hidden fire danger that the public security fire control institutions have ordered to correct within a prescribed time limit, the entities shall correct within the prescribed time limit and write a letter of reply for the rectification of the fire danger, and submit it to the pubic security fire control institutions. CHAPTER VI PUBLICITY, EDUCATION AND TRAINING ON FIRE CONTROL SAFETY Article 36. The entities shall carry out regular fire control safety publicity and education by various ways. The key entities on fire control safety shall make fire control safety training on each employee at least once a year. The contents for the publicity and education and training shall include: (1) The relevant fire control laws and regulations, fire control safety systems and the operational procedures for safeguarding fire control safety; (2) Fatalness of fire of the respective entities or respective posts and measures for fire prevention; (3) Capability of the relevant fire control facilities and the ways for the use of fire extinguishers; and (4) Knowledge and skill on fire alarm reporting and putting out of the fire at the beginning of its occurrence, as well as on saving of oneself and fleeing for one's life. The public gathering places shall make fire control safety training on their employees at least once every half year. The contents of training shall also include the knowledge and skill on organizing and guiding the masses on the fire site to evacuate. The entities shall organize fire control safety training on the employees newly holding a post and those holding a new post before they hold the post. Article 37. Publicity on common senses such as fire prevention, putting out of a fire, evacuation, and fleeing for one's life shall be made to the general public through posting pictures, broadcasting and closed circuit televisions, etc. during the period of business operation or carrying out activities. Schools and kindergartens shall carry out fire control safety common senses education on students and infants through lively activities and other various ways etc.. Article 38. The following personnel shall receive special fire control safety training: (1) The person-in-charge for fire control safety and managers on fire control safety of the entities; (2) Full time or part-time fire control safety management personnel; (3) Watch-keeping or operational persons of the fire control office; and (4) Other personnel that shall be subject to special fire control safety training according to the provisions. The personnel prescribed in item (3) of the preceding provisions shall obtain the training certificate before taking their individual work post. CHAPTER VII PREPARATORY PLANS FOR FIRE FIGHTING AND EMERGENCY EVACUATION, AND FIRE DRILL Article 39 The following contents shall be included in the preparatory plans for fire fighting and emergency evacuation formulated by the key entities on fire control safety: (1) Organizations, including: fire fighting action team, communication liaison group, evacuation guidance group, safety defence and rescue group; (2) Procedures for handling fire alarm reporting and acceptance of fire alarm reporting; (3) Procedures and measures for organizing emergency evacuation; (4) Procedures and measures for putting out and rescuing the fire at the beginning of its occurrence; and (5) Procedures and measures for communications and safety defence and rescue. Article 40. The key entities on fire control safety shall carry out fire drill at least once half a year in accordance with the preparatory plans for fire fighting and emergency evacuation, and improve the preparatory plans continuously in light of the reality. Other entities shall formulate corresponding emergency plans according to the reality of their own entities, and organize fire drill at least once a year. A clear mark shall be set up when carrying out a fire drill. And the persons within the scope of the fire drill shall be notified beforehand. CHAPTER VIII FIRE CONTROL ARCHIVES Article 41. The key entities on fire control safety shall establish and perfect fire control archives, in which the basic information on fire control safety and the administration on fire control safety shall be included. The fire control archives shall be in detail, reflecting the overall basic conditions of the entities on fire control work, and shall be attached with necessary charts, which shall be renewed in time according to the circumstances. The entities shall keep the fire control archives uniformly for future reference. Article 42. The following contents shall be included in the basic information on fire control safety: (1) General situation of the entities and the conditions of the key parts of fire control safety; (2) Documents and data concerning the examination on fire control design, fire control checking and acceptance and fire control inspection on constructions or places before they are constructed, used or before business operation; (3) Fire control administration organizations and the person-in-charge for fire control of all levels; (4) Fire control safety systems; (5) Conditions of fire control facilities and fire extinguishers; (6) The full time or voluntary fire brigades and the assembly of their fire control equipment; (7) The information on the persons in the key types of work in relation to fire control safety; (8) Documents of conformity certificate of the newly increased fire control products, or fireproofing materials; and (9) Preparatory plans for fire fighting and emergency evacuation. Article 43. The following contents shall be included in the information on the administration of fire control safety: (1) The various legal documents written and issued by the public security fire control institutions; (2) Records on regular inspections on fire control facilities, reports on overall checking and testing of auto fire control facilities, and records on maintenance; (3) Records on hidden fire dangers and rectification thereof; (4) Records on fire prevention inspection and patrol; (5) Materials on the records of the relevant testing on gas or electric facilities (including thunder prevention and static prevention); (6) Records on fire control safety training; (7) Records on fire drill of the preparatory plans for fire fighting and emergency evacuation; (8) Records on fire; and (9) Records on fire control rewards and punishments. The records of items (2), (3), (4) and (5) in the preceding paragraph shall specify the personnel, time, parts, contents of inspection, and the hidden fire danger found out, as well as the handling measures. The records of item (6) shall specify the time of training, person taking part in the training, and the contents of training. And the records of item (7) shall specify the time, place, contents of the fire drill, and the departments and personnel taking part in the fire drill, etc.. Article 44. Other entities shall keep the general situation of their own entities, the various legal documents written and issued by the public security fire control institutions, and the materials and records in relation to the fire control work for future reference. CHAPTER IX REWARDS AND PUNISHMENTS Article 45. The entities shall bring the fire control safety work into the contents of internal inspection, examination and appraisal, and shall grant honor and rewards to the departments (or teams and groups) or individuals that have outstanding achievements in the fire control safety work. Administrative disciplinary punishment or other punishment shall be imposed upon the responsible person in accordance with the relevant provisions for their acts of failing to perform duties on fire control safety or acts in violation of the fire control safety systems of the entities. Article 46. Where administrative punishments shall be imposed according to law upon those in violation of the present Provisions, the punishments shall be imposed according to the relevant laws and regulations. If a crime is constituted, the criminal liabilities shall be prosecuted for according to law. CHAPTER X SUPPLEMENTARY PROVISIONS Article 47. The public security fire control institutions shall make supervision over the implementation of the present Provisions, and undertake legal liabilities for acts of themselves for misusing of authority, neglecting of duty, and seeking for private gains by malpractices. Article 48. The present Provisions shall come into force as of May 1, 2002. In case the relevant provisions of the regulations, which were promulgated by the Ministry of Public Security before the implementation of the present Provisions, do not correspond with the present Provisions, the present Provisions shall prevail. |
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