A publisher that requests indemnification under this part will not be indemnified if—

1. (a) The complaint filed against the publisher, or demand for payment against the publisher, first occurred before December 19, 1985;
2. (b) The publisher does not negotiate a good faith settlement;
3. (c) The publisher does not conduct a good faith defense;

4. (d) The defective or deficient flight procedure or airway—

   1. (1) Was not promulgated by the FAA;
   2. (2) Was not accurately depicted on the publisher's chart or map;
   3. (3) Was not accurately displayed on a visual display in the cockpit, or
   4. (4) Was obviously defective or deficient;
5. (e) The publisher does not give notice as required by § 15.107 of this part and that failure is prejudicial to the Government; or
6. (f) The publisher does not appeal a lower court's decision pursuant to a request by the Administrator under § 15.111(d)(2) of this part.