Common use of Background Definitions Clause in Contracts

Background Definitions. Plaintiff filed this Action, alleging that the Museum’s Undergraduate Internship violates the Fifth Amendment of the U.S. Constitution because it preferences applicants based on Latino ethnicity. In response, Defendants submitted a brief and sworn declarations stating that the National Museum of the American Latino “does not consider [an] applicant’s race or ethnicity as a factor for awarding an [i]nternship”, ▇▇▇▇▇▇▇▇ ▇▇▇▇. ¶ 9, ECF No. 10-2, that the National Museum of the American Latino “does not collect data on race or ethnicity from the Internship Program applicants,” id. ¶ 7, and that the National Museum of the American Latino “does not have access to responses to demographic data questions that may be asked by” the Office of Academic Appointments and Internships—“a separate unit at the Smithsonian [Institution],” “in [The Smithsonian Online Academic Appointment System] for the Internship Program.” Id. ¶¶ 5, 7. Unless otherwise noted, the following definitions apply in this Settlement Agreement, and for the purposes of this Settlement Agreement alone: A. Action means and refers to the litigation styled as American Alliance for Equal Rights ▇.