I respectfully dissent. The underlying litigation brought by the estate of Larry Franks concerned an alleged design defect, i.e., that the front-end loader had been designed without an emergency/parking brake system. I believe that the indemnity agreement, as a matter of law, requires Harsco to indemnify Navistar. I disagree with the majority's implication that Navistar should bear the full responsibility of the design defect because it failed to equip the front-end loaders with the emergency/parking brakes, when clearly the front-end loader had been defectively designed by Harsco and was received by Navistar's predecessor, International, in that defective condition.