definiens: shall mean the period starting on theOriginal Effective Date and ending on the fourth anniversary of theEffective Date, provided, however, that if [COMPANY] elects to extend the termof the Collaboration Program beyond the Initial Term as provided inSection 2.8, for such extension year, and only in such event, [COMPANY] is alsoentitled, in its sole discretion, to extend the FHT Exclusivity Period, on aContract Year - by - Contract Year basis, for each year so extended, up toeleven ( 11 ) additional Contract Years, by notifying FHT in writing of itsdecision to so as part of the notification to FHT to extend theCollaboration Program due under Section 2.8, and making the annualExclusivity Maintenance Payment described in Section 5.2.3 for each suchextension year . The initial FHT Exclusivity Period and subsequentrenewal terms ( if and to the extent able to be exercised by [COMPANY] ) arecollectively referred to as the Where Merckfails to so notify FHT of its desire to extend, or fails to pay the annualExclusivity Maintenance Payment as provided in Section 5.3.3, FHT'sobligations under Section 2.9.1(a ) shall terminate . For clarity, extensionsof the FHT Exclusivity Period pursuant to this Section 2.9.1(b ) are entirelydependent upon [COMPANY] 's extension of the term of the CollaborationProgram Term pursuant to Section 2.8