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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 one party fails to fulfill their obligations. For example, if there is an agreement and one party does not perform, the other party may waive that failure. In contrast, a release takes place when one party is freed from their obligation to perform under a contract, often happening before any performance has begun. While both concepts pertain to contract obligations, a waiver is usually an acknowledgment after a failure, whereas a release occurs prior to any performance.
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