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A waiver and a release are closely related legal concepts but are distinct in their application. A waiver occurs when a party intentionally relinquishes the right to enforce a contract, typically after the other party fails to fulfill their obligations. For example, if Party A does not meet their contractual duties, Party B can choose to waive that failure. In contrast, a release happens when one party is freed from their obligations before any performance begins. Essentially, while both terms involve the relinquishment of contractual rights, a waiver is often an acknowledgment of a failure that has already occurred, whereas a release pertains to obligations not yet fulfilled.