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A waiver and a release are related 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 perform obligations. For example, if there's a contract and one party does not meet their obligations, the other party may choose to waive that failure. In contrast, a release allows one party to not perform the contract as promised, usually before any performance has begun. Essentially, a waiver happens after a failure in performance, while a release occurs prior to any performance obligations. Despite their differences, they both relate to modifying contractual obligations.