AN: Ok for some inexplicable reason I had this song in my head all last night and the urge to write overwhelmed and no matter how hard I tried to ignore it it just wouldn't go away. I started writing a sort of tag to Legend (I) and (II) but felt that any Tiva fans who may read this might prefer some fluff, or at any rate something far away from all angst that surrounds the pair on the show at the moment, so basically in an attempt for some fluff I came up with this. It's set after JD but before the events of the current episodes, so kinda AU in a sense. Song is one of the versions of 'About You Now' by the Sugababes. Not that I think you're all stupid but just in case to avoid confusion flashbacks are in italics. Hope it's easy enough to follow, it's been a while since a came up with any insomnia induced stories...

It was so easy that night,

shoulda been strong yeah I lied,

nobody gets me like you.

He watched her silently from his desk, admiring her mysterious beauty, watching as her fingers hovered over the keyboard in front of her, and then without ever taking her eyes away from the computer screen she addressed him.

"Have I suddenly grown an extra head that I am not aware of Tony?" she asked, sarcasm and mock annoyance lacing her words.

She looked up and smiled, and he wondered how he could ever have let her go without a fight. How he had let his future be decided for him. How he had allowed himself to be separated from his partner and with these thoughts his mind swirled and took him back to that day.

…"Officer David, the liaison position with NCIS is being terminated. You're going home. McGee, I'm moving you across to the Cyber Crimes Unit. You'll be working with Officer Holsworth, starting tomorrow. DiNozzo."

" Sir."

"You've been reassigned. Agent afloat, USS Ronald Reagan. Pack your bags, you fly out tomorrow. Agent Gibbs. Meet your new team."…

The words were still spinning around in Tony's head as he arrived home, the intervening time since then was a blur. He unlocked the door and let himself in, resisting the urge to slam it closed behind him in a fit of anger that threatened to overcome him. His eyes swept over his apartment as he shrugged out of his coat and kicked his shoes off, dumping his rucksack on the floor by the front door. He headed for the fridge and pulled out a cold beer, revelling in the first trickle of alcohol that made its way down his throat as his mind flitted over the last couple of hours again, for the hundredth time.

I know everything changes,

all the cities and places,

but I know how I know how I feel about you.

He suddenly became aware of her watching him patiently, waiting for some kind of reply.

"Just admiring the view" he teased back with his classic DiNozzo smile.

"There'll be nothing to admire with the view you're gonna get when I put you on desk duty for a month it you don't get back to work DiNozzo" Gibbs whispered in his ear after delivering a swift smack to the back of the head.

"Thank you Boss, getting back to work now Boss" Tony rolled off obediently, before bowing his head to hid desk catching Ziva's smirk in the process.

Can we bring yesterday back around,

cos I know how I feel about you now,

I was dumb, I was wrong, I let you down,

but I know how I feel about you now.

Staring at the paperwork before him he allowed his thoughts to resume from where he'd left them off a moment before.

Sprawled on the coach, the detritus remains of his evening kicking around the floor beside him; he closed his eyes and rubbed his temples as the picture flickering on the television screen blurred in front of him. A gentle knock sounded at the door, he groaned and reopened his eyes, returning his attention back to Magnum. The incessant knocking became louder and he picked up a cushion to muffle the noise whilst turning up the volume of the TV.

"Tony?!?"

His heart skipped a beat at the voice he'd recognize any where any time sounded through the solid wooden door and somehow permeated through the noise barriers around him. He leapt up knocking a couple of beer bottles over in his haste, stepping on a cold slice of pizza which lay in an open box. Ignoring the tomato paste and cheese lathered on the underside of his sock he hurried over to the door and pulled it open to reveal Ziva standing before him. Ever the picture of reserve and contained emotion to the untrained eye, he noticed the slight puffiness to her dark eyes and the slight shininess of her face, the result of a torrent of unstemmed tears.

All that it takes one more chance,

don't let our last kiss me our last, gimme tonight and I'll show you,

I know everything changes I don't care where it takes us,

cos I know how I feel about you.

The day passed without incident and after a slow day of paper work Gibbs eventually gave in and sent them home early. He'd barely noticed the time passing, his mind caught up in his own thoughts all day.

He set about shutting down his computer when he noticed Ziva already packed and ready to go, she said her goodbyes and made her way over to the elevator. He grabbed up his things and raced over to the elevator slipping in before the doors closed, he grinned at her as he swung his bag over his shoulder.

"Plans for tonight?" he enquired, trying for politeness but knowing she would see through it and hear the nosiness.

"Yes actually. I have a date," she replied dryly

"Really? Who with?" he couldn't keep the surprise out of his voice, but hoped that it at least masked the disappointment he knew was there too.

"Are you jealous Tony?" she quipped

"No. I'm just curious as to who would be brave enough to go out with a scary Mossad assassin," he grinned cheekily at her but stepped back as she narrowed her eyes at him.

Suddenly pain shot through his chest and he doubled over as her elbow collided with his ribs. He took a few laboured breaths before easing himself upright again and turning to face her.

"So seriously Zee-vah, anyone I know?" he drawled out her name and watched as she rolled her eyes and his persistence.

"Well he works for NCIS. He can be very annoying at times, most of the time actually, he is constantly correcting my English and quoting movies, but I do quite like him." She shrugged, trying for nonchalance but failing as the smirk spread across her face.

He stepped back wordlessly inviting her in, noticing the way her frame seemed slightly hunched, how she had somehow reverted into herself in the short space of time since he'd last seen her at the navy yard. He closed the door and leaned against it as he watched her pick her way through his apartment, tracing her finger along his furniture, and over the spine of his DVDs then trailing the walls and jumping the door frames. She came full circle and ended up facing him, her finger continued it's travels - up his chest and finished as she lay her hand over his heart and lay herself against his body.

He wrapped his arms around her, pulling him closer towards him; breathing in her scent he planted a kiss on the top of her head. She tilted her head upwards her eyes seemed to invade his body through his own and search his soul. He felt vulnerable and he couldn't help but break the connection they held as he averted his eyes from her.

In that moment she had laid herself bare to him, she had expressed everything in that single look and now the moment had passed and she pulled abruptly away from him. He closed his eyes as regret washed over; he felt her presence move away from him and the coldness that arrived with her departure from being so close to his body.

With his eyes still closed, his head leaning against the door, he felt her hand caress his cheek, her skin was soft and her touch was gentle and he dropped his head and opened his eyes to meet her gaze. A small smile haunted her face, a smile that said she knew better than to expect something he couldn't give to her. She stood on her tip toes and the kiss that ensued was nothing more than a slow and gentle brushing of the lips. It was so overwhelming even in its innocence that it was like a charge of electricity running through his body.

Can we bring yesterday back around,

cos I know how I feel about you now,

I was dumb, I was wrong, I let you down,

but I know how I feel about you now

He stood in stunned silence for a split second, and swallowed hard, pushing down the memories that had consumed his thoughts all day back down into the deepest corners of his mind.

She pulled a DVD from her bag and waved in before his face, she was smiling.

"I thought it was about time we resumed our movie nights"

His hand snaked over and hit the emergency lever and the elevator came to an abrupt halt, the lights dimming and an eerie blue glowing illuminating the small space.

For a moment he just stood and faced her and marvelled at the fact that this incredible woman new him better than anybody else he knew.

He arched his eyebrow, "you quite like him?" he took a step closer in toward her, but she stood her ground, her eyes unwavering on his.

He watched as her face contorted momentarily and he couldn't catch the array of emotions that passed through her eyes. She took a step back, her eyes now displaying some sort of steely determination but a glimpse of nervousness, something very unZivaish.

"Yes. I quite like him." She agreed and bowed her head and stared intently at her shoes, "In fact I like him a lot but I do not think that he reciprocates my feelings."

He wondered briefly if this was a joke and his eyes swept the inside of the elevator for some indication that it was.

He opened his mouth to speak but found that the ability to formulate a sentence had escaped him, his throat felt constricted and his mouth was dry.

She looked up and he saw that same look he'd seen in her eyes months before, and it transported him back to that night again. That look that were she'd let her guards now and opened herself up to him.

He felt her hand wrap around his body and clasp around the door handle. He took a step to the side and watched as she looked him the eyes once more before she opened to door and disappeared out of his apartment and out of his life. As the door closed gently, the noise of the television erupted around him shattering the silence that had seemed to descend around him during their wordless goodbye.

Not a day passed me by,

not a day passed me by,

when I don't think about you,

and there's no moving on cos I know you're the one,

and I can't be without you.

He took a step closer and cupped her face in his hands, leaning across so that her hair tickled his face, he whispered into her, "I think he does, but maybe he's just been dumb, and is only just realizing it now"

His hand lingered on her face but he averted his face his eyes darting between her deep browns, looking for some glimmer or something he was sure he would recognize if he saw it.

She looked conflicted and unsure of herself and he was both amazed and shocked that he was the reason for this transformation in her persona.

"That night, I…" he broke of as she shook her head.

"Don't" she whispered.

Her eyes were closed as though the act would block everything out, as if she thought that when she opened them everything would return to normal.

He ignored the warning intoned in her voice as he took a step closer, effectively closing any gap there was between them so that their bodies where flush together.

"I know how I feel about you now" he murmured against the smooth skin, her eyes flickered open in question, and as they did he brought his lips down on hers.

Can we bring yesterday back around,

cos I know how I feel about you now,

I was dumb, I was wrong, I let you down,

but I know how I feel about you now.

He felt her melt into him as her body relaxed. Her lips were soft and perfect against his and he tried to pull her impossibly closer to him. The kiss was soft and sensuous, brimming with finally released emotions that had been pent up and following them for years. The same electricity from the gentle brushing of lips the last time he'd seen her before leaving for the Reagan charged through him again and he felt the connection between their bodies, heightening every sensation. He grazed his tongue across her bottom lip and she parted her mouth allowing him to deepen the kiss. Her arms circled his body, her hands snaking their way up his back and settling in his hair. She pulled away slightly before leaning back to place a chaste kiss to his lips.

She extracted herself from their tangle and looked up to him, her face flushed, lips swollen and a sparkling glimmer in her eyes.

"It's about time" she murmured before closing the gap between them again.