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A waiver and a release are related concepts in contract law, often used interchangeably. A waiver occurs when a party intentionally gives up their right to enforce the contract, typically after the other party has failed to fulfill their obligations. In contrast, a release involves one party being excused from fulfilling their contractual duties, usually before any performance has taken place. While both terms deal with the relinquishing of obligations, a waiver arises after a breach, whereas a release pertains to the obligation not to perform in the first place.