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A waiver and a release are related legal concepts often used interchangeably, but they have distinct meanings. A waiver occurs when a party intentionally gives up their right to enforce a contract, typically after another party fails to fulfill their obligations. For example, if there is an agreement and one party defaults, the other may choose to waive that failure. In contrast, a release allows one party to be exempt from performing their contractual obligations, usually before any performance has taken place. Thus, while both concepts involve forgoing obligations, a waiver is applied after a breach, while a release is preemptive.