LUL has copies of the initial Metronet sub-contracts put in place before Metronet took over responsibility for the Infracos and continues to receive Key Sub-Contracts from Metronet prior to entering into Direct Agreements. Metronet has recently agreed to copy material variations to LUL on a noncontractual basis but there is no agreement yet over what constitutes "material".
Metronet has obligations under the contract to make sure that sub-contractors undertake their obligations on an open book basis and contain certain audit rights in favour of LUL. LUL has been requiring Metronet to insert the same provisions that it required Metronet to insert in its initial sub-contracts during the bid process.
Metronet now claims that it is having difficulties securing these rights from its new sub-contractors and that it is not obliged to do so.
Metronet has regretfully referred the scope of these obligations to dispute arguing a narrow interpretation of the contractual provisions.