Every in the maximal superlevel set has a first index at which the average on its unique cell exceeds . Refinement implies that all earlier cells containing contain this cell, and their averages are at most . Thus and the selected cells cover the superlevel set.
Two cells at different levels are either disjoint or nested, because of refinement and the partition property. If selected cells of levels intersect, the level- one lies in the earlier cell whose average is above , contradicting its first-crossing property. Cells at the same level are disjoint unless identical. Hence the selected cells form a countable disjoint partition of the superlevel set. A cell repeated unchanged at successive levels is counted once, at its first crossing; equal earlier ancestors are included in the comparison condition.
The first-crossing maximal inequality for refining partitions follows from countable disjointness and the strict average bound:
Thus this partition maximal operator has weak-type constant one.
The conclusion of differentiation along refining metric partitions is
The crucial geometric property is shrinking diameter, not merely refinement: since and , continuity makes the corresponding oscillation tend to zero for every continuous test function. Continuous approximation and the maximal inequality then transfer this to , exactly as before: the exceptional-set bound is for an oscillation threshold . Countability makes the maximal function measurable, and positive cell measure makes every average defined. Refinement supplied the disjoint first-crossing argument; shrinking diameter supplies differentiation.

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