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A waiver and a release are related legal concepts often used interchangeably in contracts, but they have distinct meanings. A waiver occurs when one party intentionally gives up their right to enforce the contract, typically after the other party fails to meet their obligations. In contrast, a release allows one party to be excused from performing their contractual duties before any performance has begun. While both terms address the relief from contractual obligations, waivers usually happen in response to non-performance, whereas releases occur prior to any action being taken under the contract.