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14.The Department informed us that Govia Thameslink was the passenger service by sedtant, that it was considering terminating the contract in early 2017. It ultimately decided that it was right to continue to manage and implement, for passengers and taxpayers, the plan defined in the franchise agreement. The NAO found that the usual approach to determining liability for delays and cancellations was not working, as Govia Thameslink asserted much more « force majeure » rights after the start of union actions. Each of these claims had to be settled individually. The department decided that the amount of the « force majeure » disruption meant that there were not enough legal reasons to terminate the contract.33 In a statement on Tuesday, the department said: « The termination of the franchise would result in additional and inappropriate disruption to passengers and is not an appropriate procedure. » 10.Both the Department and Govia Thameslink informed us that they did not believe that their plans to increase the number of driver-controlled trains would result in a significant number of collective struggles24.24 The Department informed us that there had always been some control actions in the introduction of the driver`s operation and that it expected « some disruption » in the allocation of the licence. However, it informed us that it did not expect or predict the extent of union action in response to the Thameslink franchise, as the « driving system » is already used in 60% of the services operated by the TSGN franchise. The department stated that it had attempted to discuss the bidders` proposals with the relevant unions before leasing the franchise, but that its offers of communication had not been easily repeated. Govia Thameslink also informed us that the risk of trade union action was « crystallized in a way that we did not foresee. »25 The RMT informed us that no specifications for a franchise had ever been shared with them and that the extension of Operation Driver Only was not included in the public consultation on the South Lines26. similar to that of TfL with the pioneer of the London overground.