First of all; that opening scene of 5.05!

So, to the guest who asked why Harvey said what he said. I'm just going to share my thought process about it; it's a combination of factors that made him say it. Firstly he is generally curious as to why Donna is doing that; she never told or explained it to him. He just happened to find out about it. He also started this conversation because of his protectiveness of Donna and we all know what family means to him. So his first question about asking a friend started as a more general one; because he has heard of situations like that, but it does have a second layer to it: that he also meant himself, but couldn't say it so used the word friend as dr. Agard suggested; to perhaps protect himself from her answer. But of course Donna being Donna ignores Harvey in this part, because she doesn't want to cross a line afraid of what might follow given the fact she's living with him and they're finally talking again. The second time Harvey asks her is because he's hurt she didn't consider him; above all that happened he considered himself to be a better friend to her than Louis or Mike, they've known each other for twelve years, but on the other hand he does have all these bottled up feelings for her he's struggling with…

Thanks again for all the reviews! Let me know what you think about this chapter :)

Chapter 10 – The Contract

"You could have … you could have asked me," she heard him say the moment their eyes lock. Her mind went blank and her mouth dropped slightly. The image of his mouth pronouncing those words was on repeat in her head. She could feel her heart beating in her chest; wondering if she really heard those five words that are now putting her mind on overdrive; ask Harvey, he wanted me to ask him.

Images of them, the other time disturbed her thought process, but as quickly as they came they were replaced by memories of all the times he had hurt her. Images of him and other women. Her mind was fighting an internal debate. You could have asked me … But this is Harvey we're talking about … Harvey?!

She swallowed, doing what she always did, making a witty comeback. "Really, Harvey? Like you wouldn't run for the hills if I came to you for this," she replied. She didn't even know why she said it, if she was trying to protect herself from getting into dangerous territories or if she was giving him an out.

Harvey thought about what he had just said to her himself. He didn't really know why he had said it, but he didn't regret saying it. He thought about Donna's answer, he knew she was right or at least used to be. He would have. He would have run for the hills and never looked back. That may have been him ten years ago, but not anymore.

"I would," Harvey started but he choked on his words. He wanted to say that he would do it. For her. If she asked him, but the words just didn't come out of his mouth. Donna took in his words, a lump forming in her throat, although she only heard him say what she already knew. That he would run for the hills.

She let her eyelids fall down and her head along with them, the movement made her auburn locks cover her face and the tears that were forming in her eyes as well. She took a step back and started walking, slightly shaking her head, cursing herself for the slightest spark of hope she allowed herself to have.

Harvey was still looking at her when she took a step back. He could see the disappointed on her face. He wanted to speak. Reach for her hand. He wanted to let her know that this wasn't what he meant, but he froze yet again. When he was finally able to move around and speak, she beat him to it.

"I'll see you at the firm," he heard her say before she closed the front door after her. The sound of the door falling shut made his head pop up. Shit. He wanted to call her, but he barely managed to mumble her name. "Donna!" he yelled this time in full volume as his body started moving towards the door. He started walking, running even, trying to follow her.

"Donna, wait," he managed to shout again as he barged through the lobby of his apartment building and onto the street, but he was too late as he spotted her in the cab that just took off. He threw his hands in the air and screamed letting out his anger. Once again getting strange looks from the people around him. But he didn't care about it, he just needed to talk to her.

.

Harvey dragged his feet through the hallway of the office, avoiding the looks from everyone on his path, except for hers. He couldn't avoid hers, she was just standing there behind her desk, files in her hands and smiling at him. As if nothing had happened. Harvey sighed, he couldn't do this, play this game. "Donna," he muttered as he approached her desk.

Donna looked at his face, a serious look written all over it. When she heard him say her name her smile crumbled from her face and she let out a breath. She looked around, everyone at the firm was just moving along but she felt as if time had frozen. She felt stuck in moment and she knew what was coming. He would want to talk about it, but she didn't know if she could bear that. So she swallowed again and walked into his office, making him follow her.

"Donna. I'm sorry. I didn't mean –"

"Harvey, stop. Just forget about it," she cut him off before she could comprehend what he was saying. Shit. I didn't mean what? To hurt me … or "No, I'm sick and tired of you telling me to forget about things," he ordered. "Then don't. But I don't want to talk about it," she replied as she threw the files on his desk.

"Well I do," he continued as he took a step towards her, "isn't that what we were supposed to do? Talk to each other?" he yelled at her. Donna was fighting the tears that were forming in her eyes, "just look at us!" she cried; still looking at the floor as she moved her hand in between them.

"We're communicating," he replied as he grabbed her hand pulling her closer, immediately letting go again; the touch of her skin still had the same effect on him as it did all those years ago. Donna froze under his touch, her eyes instantly meeting his again.

"No. We're fighting!"

"Well it's better than the silent treatment you were giving me yesterday," he countered. "Is it?" she replied shaking her head, but Harvey didn't answer. "I don't want to fight with you, Harvey," she continued. "Then talk to me, how hard can it be," he countered, not realising the irony. He was never the one to talk.

"How hard can it be? Really?"

"Yeah, really," he sighed, lifting his hands in the air. "Don't you see, every time we talk about something like this we end up fighting," she replied a tear rolling down her face, "And I just can't, Harvey. I can't. Not if I have to live with you."

Harvey took a step back and turned around. He couldn't stomach it when he saw her crying, especially when it was because of him. "Then what do you suggest we do?" he asked softly. "I don't know," she answered as she placed herself in the leather chair next to the couch he was sitting in. He poured both of them a drink and handed her a glass. "Thanks," she whispered before she took a sip of her scotch, remaining silent.

.

"I enjoyed making lunch with you today," Harvey confessed breaking the silence after a couple of minutes. Donna looked up at him. "Me too," she answered with a smile causing Harvey to smile as well. "So it is possible," Harvey offered with a soft smile. Donna raised her eyebrows and crooked her head, she wasn't sure she understood what he meant. "For us to act as friends, without fighting," he explained.

Donna nodded, "Maybe we just need some rules, for this living together thing," she signalled between them. "Alright," he replied as he walked back to his desk and grabbed a piece of paper and a pen. "Rule number one no fighting," he said out loud as he wrote it down making Donna smile. "Now, what does this include?" he continued looking at her.

Donna walked towards him and leaned on his desk. "No yelling, no name calling."

"Does this include nicknames?" he asked looking up at her, his signature smirk appearing on his lips. "Nicknames?" she questioned, trying not to smile. "I thought about calling you wifey for the rest of the week," he joked. Donna almost jumped up at hearing him call her that.

"Too soon?"

Donna smiled and shook her head, "Ooh, shut up," she laughed his comment away as she leaned against his desk again. "Aaah, no swearing," Harvey countered as he pointed at her before he wrote it down. "No bringing up former fights or discussions," Donna continued.

"What happens if we break the rules? What if we end up fighting after all, what do we do then?" Donna thought about it, "Then we stop, hit pause or call for a time-out," she shrugged her shoulders. "Alright," Harvey mumbled as he continued writing.

"And subjects that resulted in a time-out cannot be brought up until after this week," she added. Harvey wrote the last rules down and turned the piece of paper around to Donna, "Time to sign." Donna looked at the piece of paper. The caption 'the Donna and Harvey contract' making her laugh. "You turned it into a contract?"

"Well you did marry a lawyer," Harvey joked, crooking his head as he smiled at her. Donna closed her eyes, letting out a chuckle as she grabbed the pen from Harvey's hand. "I should have added no jokes," she said as she signed her name.

.

Mike turned around slowly, in shock of what he had just overheard. He had needed Harvey for help with a case, but when he had found the two of them fighting in his office he had waited in front of Donna's cubicle. He had just looked at them, screaming at each other although they were only inches apart. Neither of them aware that the intercom had been on.