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A waiver and a release are related but distinct legal concepts often used interchangeably in contracts. A waiver occurs when a party intentionally relinquishes their right to enforce the contract, typically after the other party fails to fulfill their obligations. For example, if one party does not meet their contractual duties, the other party may choose to waive that failure. In contrast, a release involves one party being exempt from fulfilling their contractual obligations before any performance begins. Essentially, a waiver is a post-default acknowledgment, while a release precludes the requirement to perform a contract.