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A waiver and a release are related legal concepts often used interchangeably in documents. A waiver occurs when a party intentionally gives up their right to enforce a contract, usually after the other party has failed to fulfill their obligations. In contrast, a release happens before any performance has begun, allowing one party to be excused from their obligations under the contract. While both terms pertain to the relinquishment of rights or obligations, a waiver typically relates to post-failure situations, whereas a release pertains to pre-performance contexts.