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A waiver and a release are related legal concepts often used interchangeably, but they have distinct meanings. A waiver refers to a party intentionally relinquishing their right to enforce the contract, usually after the other party fails to fulfill their obligations. In this case, the waiving party chooses not to act on the breach. Conversely, a release occurs when one party is no longer required to fulfill their contractual obligations, typically before any performance has started. Both terms deal with the relinquishment of rights or obligations but occur at different stages of the contract enforcement process.