Section 15.109

14 CFR Ch. I (1-1-19 Edition)

(d) Within 5 days after the day a
judgment is rendered against the publisher in any proceeding, or within 30
days of the denial of an appeal, whichever is later, the publisher must notify
the FAA Chief Counsel that - 
(1) There is an adverse judgment
against the publisher; and
(2) The publisher has a claim for indemnification against the FAA arising
out of that judgment.

(2) If requested by the United
States - 
(i) Implead the United States as a
third-party defendant in the action;
and
(ii) Arrange for the removal of the
action to Federal Court;
(3) Promptly provide any additional
information requested by the United
States; and
(4) Cooperate with the United States
in the defense of the lawsuit.
(b) If the lawsuit filed against the
publisher results in a proposed settlement, the publisher shall submit that
proposed settlement to the FAA for approval in accordance with Section 15.109 of
this part.
(c) If the lawsuit filed against the
publisher results in a judgment against
the publisher and the publisher has
sought, or intends to seek, indemnification under this part as a result of
the adverse judgment, the publisher
shall - 
(1) Give notice to the FAA as required by Section 15.107(d) of this part;
(2) Submit a copy of the trial court-s
decision to the FAA Chief Counsel not
more than 5 business days after the adverse judgment is rendered; and
(3) If an appeal is taken from the adverse judgment, submit a copy of the
appellate decision to the FAA Chief
Counsel not more than 30 days after
that decision is rendered.
(d) Within 60 days after receipt of the
trial court-s decision, the Administrator by registered mail will - 
(1) Notify the publisher that indemnification is required under this part;
(2) Request that the publisher appeal
the trial court-s adverse decision; or
(3) Notify the publisher that it is not
entitled to indemnification under this
part and briefly state the basis for the
denial.

spaschal on DSK3GDR082PROD with CFR

Section 15.109 Settlements.
(a) A publisher may not settle a
claim with another party, for which
the publisher has sought, or intends to
seek, indemnification under this part,
unless - 
(1) The publisher submits a copy of
the proposed settlement, and a statement justifying the settlement, to the
Chief Counsel of the FAA; and
(2) The Administrator and where necessary, the appropriate official of the
Department of Justice, approves the
proposed settlement.
(3) The publisher submits a signed release that clearly releases the United
States from any further liability to the
publisher and the claimant.
(b) If the Administrator does not approve the proposed settlement, the Administrator will - 
(1) So notify the publisher by registered mail within 60 days of receipt of
the proposed settlement; and
(2) Explain why the request for indemnification was not approved.
(c) If the Administrator approves the
proposed settlement, the Administrator will so notify the publisher by
registered mail within 60 days after the
FAA-s receipt of the proposed settlement.
(d) If the Administrator does not
have sufficient information to approve
or disapprove the proposed settlement,
the Administrator will request, within
60 days after receipt of the proposed
settlement, the additional information
needed to make a determination.

Section 15.113

Indemnification agreements.

(a) Upon a finding of the Administrator that indemnification is required
under this part, and after obtaining the
concurrence of the United States Department of Justice, the FAA will
promptly enter into an indemnification
agreement providing for the payment
of the costs specified in paragraph (c)
of this section.

Section 15.111 Conduct of litigation.
(a) If a lawsuit is filed against the
publisher and the publisher has sought,
or intends to seek, indemnification
under this part, the publisher shall - 
(1) Give notice as required by Section 15.107
of this part;

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