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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 relinquishes their right to enforce the contract, typically after another party fails to fulfill their obligations. For example, if one party does not meet their commitments, the other party can choose to waive that failure. In contrast, a release happens when one party is excused from performing their obligations under the contract, usually before any performance has begun. While both concepts deal with the obligations of contract parties, a waiver comes after a failure to perform, whereas a release is proactive, preventing the need for performance from the outset.