The financial trading group has a recurring request by our conterparties to 
add a provision addressing the admissability of trader tapes into evidence in 
court or other proceedings.  Our current language merely states:  "Each party 
consents to the recording, at any time and from time to time, by the other 
party of any and all communications between officers or empoyees of the 
parties, and waives any further notice of such recording."  Here are the 
facts and issues:

1.  Our agreements provide for arbitration (most likely) or jurisdiction in 
specific courts or are silent as to jurisdiction.

2.  ENA policy is to destroy trader tapes after 6 months.

3.  If we are doing our job, a written and signed confirmation should exist 
in our files for each and every financial transaction.  On occasion, we have 
not confirmation signed by ENA's counterparty.

By agreeing to add "admissability" language, are we waiving the parol 
evidence rule?  Do we always want the ability to introduce existing 
recordings?

Can you provide us with language acceptable to ENA that we might propose to a 
counterparty (when asked)?

Here's an example of a recent request:  "Any such recordings may be submitted 
in evidence to any court or in any proceedings for the prupose of 
extablishing any matters pertinent to the [ISDA] Agreement."