A publisher that requests indemnification under this part will not be indemnified if -
(a) The complaint filed against the publisher, or demand for payment against the publisher, first occurred before December 19, 1985;
(b) The publisher does not negotiate a good faith settlement;
(c) The publisher does not conduct a good faith defense;
(d) The defective or deficient flight procedure or airway -
(1) Was not promulgated by the FAA;
(2) Was not accurately depicted on the publisher's chart or map;
(3) Was not accurately displayed on a visual display in the cockpit, or
(4) Was obviously defective or deficient;
(e) The publisher does not give notice as required by § 15.107 of this part and that failure is prejudicial to the Government; or
(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.