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A waiver and a release are related legal concepts, often used interchangeably in documents. A waiver occurs when a party intentionally relinquishes their right to enforce the contract, typically after another party fails to fulfill their obligations. For instance, if one party does not perform as agreed, the other may choose to waive that failure. On the other hand, a release allows one party to be freed from their obligations before performance begins. Thus, while both concepts are closely related, a waiver typically happens post-failure, and a release takes place prior to any contractual performance.