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A waiver and a release are related legal concepts often used interchangeably, but they differ slightly. A waiver occurs when a party intentionally relinquishes their right to enforce a contract after another party fails to perform their obligations. For example, if there's an agreement and one party doesn't fulfill their duties, the other party may choose to waive that failure. Conversely, a release allows one party to be excused from performing their obligations under the contract before any performance has begun. While both terms involve the non-fulfillment of contractual duties, a waiver typically follows a failure to perform, while a release occurs prior to any contractual actions.