1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts

1 This agreement governs the terms of the transfer to the Republic and Canton of Jura (hereinafter: "the Canton of Jura") of the real estate owned by the Canton of Bern located within the territory of the municipal commune of Moutier (hereinafter: "the Commune of Moutier").

2 The transfer of cantonal roads and related objects is governed by a specific implementing agreement.

1. The Canton of Bern shall transfer to the Canton of Jura, on January 1, 2026, the following real estate properties (hereinafter referred to as "the properties to be transferred")

a) all real estate properties, notably buildings, lands, forests, fishing rights, watercourses, and antennas, listed in Appendix 4 of the agreement on the transfer of Moutier;

b) fixed installations which are integral parts of the properties defined in paragraph 1, such as access roads, conduits, heating installations, and sheds;

c) the real rights attached to said properties;

d) engineering structures, such as bridges, canals, and thresholds.

2. The transfer of profits and risks occurs upon the individual possession of each property by the Canton of Jura, regardless of the transfer of ownership taking place on January 1, 2026.

1 The transfer of ownership of real estate from the canton of Bern to the canton of Jura, as listed in Article 2, paragraph 1, occurs without the need for the authentic form.

2 The collection of transfer tax and transfer duties is excluded.

3 The land registries of the cantons of Bern and Jura are competent to implement the transfer of ownership.

1 Leases tied to the real estate properties to be transferred shall be handed over to the Canton of Jura on January 1, 2026, in accordance with Articles 261 and 290 of the Code of Obligations.

2 Maintenance contracts exclusively linked to the real estate properties to be transferred shall be ceded to the Canton of Jura on January 1, 2026, provided that the contractual partner has given written consent and that the contract transfer only changes the identity of the contracting parties.

3 The Canton of Bern is responsible for drafting the amendments arising from paragraph 2 and then submitting them for approval to the Canton of Jura and the contractual partner concerned.

4 Notwithstanding paragraph 2, if the contractual partner or the Canton of Jura wishes to amend other clauses, the Canton of Jura commits to initiating negotiations with the contractual partner to conclude a new contract. If applicable, the Canton of Bern will undertake the necessary steps to terminate the contract it previously had with the contractual partner.

5 The Canton of Bern alone is liable to the contractual partner for any potential consequences, particularly financial, resulting from the termination of contracts related to the real estate properties to be transferred. No financial compensation for any potential damage incurred is owed by the Canton of Jura to the Canton of Bern and vice versa.

6 The Canton of Bern acknowledges having communicated to the Canton of Jura all information related to leases and maintenance contracts associated with the real estate properties.

**1 The real estate to be transferred is conveyed as-is, as visited, taking into account the reference value according to Article 18, letter b, of the concordat on the transfer of Moutier, the year of construction, and the maintenance of the buildings, technical installations, and appliances.**

2 The costs for repairing damages caused to the real estate to be transferred up to and including December 31, 2025, are borne by the canton of Bern, even if the repair extends beyond this date. The burden of proof lies with the canton of Jura, which undertakes to provide all useful documentation to the canton of Bern for this purpose (contact information, concerned objects, type of damage, photo dossier, criminal complaint, etc.). If necessary, and if needed, the authorities of both cantons will cooperate.

3 The real estate to be transferred is emptied of all equipment and furniture that is not considered an integral part.

4 The competent executing authorities of both cantons may agree on a different solution to paragraph 3.

5 For the remainder, the transfer of the objects occurs without any guarantees.

The handing over of the keys to the properties to be transferred shall take place no later than December 31, 2025.

The Canton of Bern authorizes the Canton of Jura to inspect, after prior notice, the buildings to be transferred insofar as this inspection is required for their future use.

1. The competent authority of the canton of Bern shall transmit to the competent authority of the canton of Jura all documentation related to the properties to be transferred, such as plans and insurance policies, insofar as they are in its possession, with the exception of the cantonal building energy performance certificate (CECB), whether this documentation exists in paper or digital form.

2. The delivery of the documentation defined in paragraph 1 shall take place no later than December 31, 2025.

3. In case of need, particularly for ongoing procedures remaining under the jurisdiction of the canton of Bern after the transfer of the commune of Moutier to the canton of Jura, the latter shall, upon request, make the necessary documentation available to the canton of Bern.

1 The canton of Bern transfers to the canton of Jura, free of charge, the following works of art

a) sculpture by Umberto Maggioni, located at the building at 30b Rue du Château, 2740 Moutier;

b) mural by Armand Schwarz, located at the building at 9 Rue du Château, 2740 Moutier.

1 The Canton of Bern transfers to the Canton of Jura the warranty rights that it can validly assign under the law and which it holds over the properties to be transferred as a principal contractor.

2 It undertakes to support the Canton of Jura, upon its request, in exercising the warranty rights that require its intervention.

3 However, it has no obligation for direct action, especially towards craftsmen and any other persons involved in the work, or in connection with the exercise by the Canton of Jura of the warranty rights assigned to it.

1 The canton of Bern and the canton of Jura commit to concluding a lease agreement for the property located at Pré Jean-Meunier 1.

2 The agreement referred to in paragraph 1 is to be signed by the Directorate of Public Works and Transport of the canton of Bern and the competent Department of the canton of Jura.

3 The canton of Bern is entitled to use the property located at Pré Jean-Meunier 1 beyond December 31, 2025, under the conditions of the lease agreement stipulated in paragraph 1, which shall take effect from January 1, 2026.

The continued operation by the Canton of Bern of the Polycom antenna located on the building at L'Arceut 4 is governed by a specific execution agreement.

1 Until December 31, 2025 inclusive, the Canton of Bern shall maintain the buildings to be transferred in accordance with the practices in the Canton of Bern.

2 If the Canton of Bern decides to undertake work on the buildings to be transferred, it shall inform the Canton of Jura in advance. In such a case, the Canton of Bern shall bear the costs related to this work until its completion, even if this occurs after December 31, 2025.

3 If the cost of the work mentioned in paragraph 2 amounts to more than 10,000 francs, such work must be validated by the Canton of Jura.

1. The Canton of Bern completes the restoration work on the weir constructed on the Birse River, located on parcel number 3158 of the Moutier district, in order to supply the canal constructed on parcel number 473 of the same district.

2. It bears the related costs, including those incurred after December 31, 2025.

This agreement shall enter into force on October 1, 2025.