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A waiver and a release are closely related legal concepts often used interchangeably. A waiver occurs when a party intentionally gives up their right to enforce a contract, typically after the other party fails to perform their obligations. In this case, the aggrieved party effectively waives the failure to meet the agreement. Conversely, a release happens before any party starts to perform under the contract, allowing one party to be excused from their obligations. While both terms relate to contract enforcement, a waiver operates after a failure, whereas a release is established prior to any performance.